New York State Court of Claims

New York State Court of Claims

FISHER v. THE STATE OF NEW YORK, #2000-011-577, Claim No. 99386, Motion No. M-62350


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not served in a manner prescribed by Court of Claims Act §11 is granted.

Case Information

UID:
2000-011-577
Claimant(s):
MAURICE FISHER
Claimant short name:
FISHER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99386
Motion number(s):
M-62350
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Maurice Fisher, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
September 25, 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 in a manner prescribed by Court of Claims Act §11. Court of Claims Act §11 requires that a claim be served either personally or by certified mail return receipt requested. Failure to serve the claim in the manner prescribed by the statute results in a lack of personal jurisdiction (Thomas v State of New York, 144 AD2d 882). Defendant has provided a copy of the envelope in which the claim was received and the postage markings on the envelope indicate that mailing was done by regular mail. Based upon the affirmation of the attorney, the copy of the envelope and in the absence of opposition, the motion is granted and the claim is dismissed.


September 25, 2000
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated September 11, 2000.
2. Affirmation of Eileen E. Bryant, Esq., dated September 11, 2000 with exhibits annexed.