New York State Court of Claims

New York State Court of Claims

BURGOS v. New York, #2000-015-004, Claim No. 101510, Motion Nos. M-60922, M-60936


Synopsis


Service of the claim by ordinary mail upon the Attorney General deprives the Court of jurisdiction of the claim.

Case Information

UID:
2000-015-004
Claimant(s):
JOSE BURGOS
Claimant short name:
BURGOS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101510
Motion number(s):
M-60922, M-60936
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Jose Burgos, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
G. Lawrence Dillon, Esquire
Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 29, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The motion of the defendant for an order pursuant to CPLR 3211 dismissing the claim for lack of personal jurisdiction is granted and the motion of the claimant for an order pursuant to CPLR 1101 and 1102 permitting him to proceed as a poor person is denied as moot.

This is a claim by an inmate appearing pro se to recover the sum of $63.96 as the fair market value of items of personal property allegedly lost through the negligence of employees of the Department of Correctional Services in the course of transferring claimant's property from Mid-State Correctional Facility to Upstate Correctional Facility during September of 1999. The claim was served upon the Attorney General by ordinary mail and received on December 3, 1999. This motion ensued. In his opposition papers, claimant concedes that the claim was sent to the Attorney General by regular mail.

The law is settled that service of a claim "which is not in accordance with Court of Claims Act § 11 does not confer personal jurisdiction over the State and no action is commenced" (Hodge v State of New York, 213 AD2d 766, 767). Service upon the Attorney General by ordinary mail is insufficient to acquire jurisdiction of the State requiring dismissal (Charbonneau v State of New York, 178 AD2d 815, affd 81 NY2d 721). Therefore, the claim must be dismissed for lack of jurisdiction.



February 29, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion to dismiss dated December 22, 1999;
  2. Affirmation of G. Lawrence Dillon dated December 22, 1999, with exhibits;
  3. Unsworn statement in opposition to dismissal of Jose Burgos dated December 26, 1999, with exhibit;
  4. Affidavit in support of poor person relief of Jose Burgos sworn to November 18, 1999.