New York State Court of Claims

New York State Court of Claims

THOMPSON v. THE STATE OF NEW YORK, #2000-015-067, Claim No. 102436, Motion No. M-61913


Synopsis


Service of the claim by ordinary mail deprives the court of jurisdiction.

Case Information

UID:
2000-015-067
Claimant(s):
HENRY DWIGHT THOMPSON
Claimant short name:
THOMPSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102436
Motion number(s):
M-61913
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Henry Dwight Thompson, 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 by a pro se inmate which was served upon the Attorney General by ordinary mail and received at his office on May 5, 2000. Prior to answering, the defendant moves to dismiss the claim upon the ground that it was not served either personally or by certified mail, return receipt requested. Claimant has not opposed the motion.

This Court lacks jurisdiction to adjudicate a claim which is served upon the Attorney General by ordinary mail rather than personally or by certified mail, return receipt requested (Philippe v State of New York, 248 AD2d 827). Consequently, the dismissal motion must be granted.


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 June 13, 2000;
  2. Affirmation of G. Lawrence Dillon dated June 13, 2000.