New York State Court of Claims

New York State Court of Claims

ILDEFONSO v.THE STATE OF NEW YORK, #2000-015-065, Claim No. 102012, Motion No. M-61814


Synopsis


The Court lacks jurisdiction of an untimely served claim.

Case Information

UID:
2000-015-065
Claimant(s):
STEVEN ILDEFONSO
Claimant short name:
ILDEFONSO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102012
Motion number(s):
M-61814
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Steven Ildefonso, 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 21, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The motion of the defendant for an order dismissing the claim for lack of jurisdiction is granted. This is a claim brought by an inmate appearing pro se to recover the value of items of personal property allegedly lost through the negligence of employees of the Department of Correctional Services at the Oneida Correctional Facility while the claimant was confined to a special housing unit from August 13, 1999 through August 16, 1999. The claimant served upon the Attorney General a notice of intention to file a claim by certified mail, return receipt requested, which was received on December 9, 1999. The claim was served in the same manner and received by the Attorney General and the Clerk of the Court on February 25, 2000. Pursuant to Court of Claims Act § 10 (3) a claim to recover for the loss of property caused by the negligence of a State employee is only timely if a claim is served and filed or a notice of intention to file a claim is served upon the Attorney General within 90 days of the date of the accrual of the claim. Defense counsel seeks dismissal upon the ground that neither the notice of intention nor the claim was served upon the Attorney General within 90 days of the date that the claim accrued.

"The Court of Claims does not obtain jurisdiction to adjudicate a claim unless the claimant timely files a claim or a notice of intention to file a claim" (Selkirk v State of New York, 249 AD2d 818, 819). The answer raises the jurisdictional defect with the requisite specificity (Villa v State of New York, 228 AD2d 930). Here, neither the notice of intention nor claim was timely served requiring the granting of the dismissal motion.


August 21, 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 May 31, 2000;
  2. Affirmation of G. Lawrence Dillon dated May 31, 2000, with exhibits.