New York State Court of Claims

New York State Court of Claims

SCARDATTA v. THE STATE OF NEW YORK, #2000-015-059, Claim No. 102372, Motion No. M-61821


Synopsis


Service by ordinary mail deprives the Court of jurisdiction.

Case Information

UID:
2000-015-059
Claimant(s):
ALEX SCARDATTA
Claimant short name:
SCARDATTA
Footnote (claimant name) :
The caption of the claim has been amended sua sponte to name the only appropriate defendant.
Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102372
Motion number(s):
M-61821
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Alex Scardatta, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: G. Lawrence Dillon, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
August 7, 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. This is a claim by an inmate appearing pro se to recover for personal injuries allegedly sustained as a result of negligence of employees of the Department of Correctional Services in failing to prevent an assault upon him by another inmate at approximately 6:10 p.m. on February 20, 2000 at Mohawk Correctional Facility. Claimant admits that both the notice of intention to file a claim and the claim were served upon the Attorney General by ordinary mail and received at his office on April 27, 2000.

Service of the claim or notice of intention to file a claim upon the Attorney General by ordinary mail rather than personally or by certified mail, return receipt requested, is insufficient to acquire jurisdiction over the State requiring the granting of the dismissal motion (Philippe v State of New York, 248 AD2d 827). In view of the dismissal for lack of personal jurisdiction the Court does not reach the other grounds for dismissal raised in the motion papers.


August 7, 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 dated June 6, 2000;
  2. Affirmation of G. Lawrence Dillon dated June 6, 2000, with exhibits;
  3. Claim filed on April 28, 2000.
  4. Letter of Alex Scardatta received on June 14, 2000.