New York State Court of Claims

New York State Court of Claims

GONZALEZ v. THE STATE OF NEW YORK, #2000-011-594, Claim No. 99867, Motion No. M-62478


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:
2000-011-594
Claimant(s):
EDWIN GONZALEZ
Claimant short name:
GONZALEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99867
Motion number(s):
M-62478
Cross-motion number(s):

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

Signature date:
October 18, 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 mannerprescribed 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 and the copy of the envelope the motion is granted and the claim is dismissed.

October 18, 2000
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated October 3, 2000.
2. Affirmation in Support of Eileen E. Bryant, Esq., dated October 3, 2000 with exhibits annexed.