New York State Court of Claims

New York State Court of Claims

PELZER v. THE STATE OF NEW YORK, #2000-011-513, Claim No. 100671, Motion Nos. M-61066, M-61096


Synopsis


Defendant has moved to dismiss on the ground that the claim was served by certified mail rather than personally or by certified mail return receipt requested as required by Court of Claims Act §10.

Case Information

UID:
2000-011-513
Claimant(s):
BERNARD PELZER
Claimant short name:
PELZER
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK OFFICE OF TEMP. and DISABILITY ASSISTANCE, CITY OF NEW YORK DEP. OF SOCIAL SERVICES
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100671
Motion number(s):
M-61066, M-61096
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Bernard Pelzer, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Paul F. Cagino, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
April 4, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


Defendants have moved to dismiss the claim on the ground that the claim was served by certified mail rather than personally or by certified mail return receipt requested as required by Court of Claims Act §10. Inasmuch as the affirmative defense was properly preserved in the answer (Court of Claims Act §11) and Claimant has failed to provide proof that he served the claim in a manner prescribed by the statute, the motion is granted and the claim is dismissed. The motion by Claimant for summary judgment is denied as moot.


April 4, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Considered:
  1. Notice of Motion dated January 13, 2000.
  2. Affirmation of Paul F. Cagino dated January 13, 2000.
  3. Notice of Motion for Summary Judgment sworn to the 18th day of January, 2000.
  4. Unsworn Affirmation of Bernard Pelzer with exhibits annexed.