New York State Court of Claims

New York State Court of Claims

LEE v. THE STATE OF NEW YORK, #2000-011-568, Claim No. 102624, Motion No. M-62100


Synopsis


Defendants motion to dismiss on the basis that it was not served within th time constraint of the order in which the court granted permission to late file the claim is granted.

Case Information

UID:
2000-011-568
Claimant(s):
ERNEST LEE
Claimant short name:
LEE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK and DEPT. OF CORR. SERVICES
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102624
Motion number(s):
M-62100
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Ernest Lee, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kathleen M. Resnick, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
August 23, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the basis that it was not served within the timeconstraint of the order in which the court granted permission to late file the claim.

In a prior order the court granted permission to late file a claim for loss of property. The court directed that the proposed claim be served within thirty days of service upon Claimant of a file stamped copy of the order (Lee v State of New York, M-60817, February 22, 2000, McNamara, J.). Claimant failed to comply with that direction and in a subsequent order the court granted an extension of time to June 15, 2000 to serve and file the claim (Lee v State of New York, M-60817, May 16, 2000, McNamara, J.). Defendant maintains that the claim was not served until June 16, 2000. Inasmuch as Claimant has failed to comply with the direction of the court regarding late service of the claim, the court is without personal jurisdiction. Accordingly, the motion is granted and the claim is dismissed.

August 23, 2000
Saratoga Springs, New York

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



Papers Considered:

  1. Notice of Motion to Dismiss dated July 26, 2000.
  2. Affirmation of Kathleen M. Resnick, Esq. dated July 26, 2000 with exhibits annexed.
  3. Unsworn letter from Claimant dated August 6, 2000.