New York State Court of Claims

New York State Court of Claims

MINEO v. THE STATE OF NEW YORK, #2000-011-551, Claim No. 98751, Motion No. M-61731


Synopsis


Defendant's motion to dismiss the claim on the ground the claim was served by regular mail is granted.

Case Information

UID:
2000-011-551
Claimant(s):
TOMASO MINEO
Claimant short name:
MINEO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98751
Motion number(s):
M-61731
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Tomaso Mineo, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
August 16, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the ground that it was served by regular mail rather than personally or by certified mail return receipt requested as required by Court of Claims Act §11. Claimant in opposing the motion does not maintain that the claim was served in a proper manner and the affirmative defense was properly preserved in the answer (Court of Claims Act §11). Inasmuch as Claimant failed to serve the claim in a manner prescribed by the statute, the court is without personal jurisdiction (Thomas v State of New York, 144 AD2d 882). Accordingly, the motion is granted and the claim is dismissed.


August 16, 2000
Saratoga Springs, New York

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


Papers Considered:
1. Notice of Motion dated May 16, 2000.
2. Affirmation of Eileen E. Bryant, Esq., dated May 15, 2000 with exhibits annexed.
3. Notice of Response and Affidavit of Claimant sworn to the 9th day of June, 2000.