New York State Court of Claims

New York State Court of Claims

MILLER v. THE STATE OF NEW YORK, #2000-011-553, Claim No. 95604, Motion No. M-61728


Synopsis


Defendant's motion to dismiss the claim on the grounds that the notice of intention and claim was served by certified mail rather than personally or by certified mail return receipt requested as required by Court of Claims Act §10 is granted.

Case Information

UID:
2000-011-553
Claimant(s):
HOLLAND MILLER
Claimant short name:
MILLER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95604
Motion number(s):
M-61728
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Holland Miller, 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 grounds that the notice of intention and claim was served by certified mail rather than personally or by certified mail return receipt requested as required by Court of Clams Act §11(a). The affirmative defense was properly preserved in the answer (Court of Claims Act §11). Claimant has failed to oppose the motion and provide proof that he served the claim in a manner prescribed by the statute. 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.