New York State Court of Claims

New York State Court of Claims

ELLIOTT v. THE STATE OF NEW YORK, #2000-015-068, Claim No. 102397, Motion No. M-61841


Synopsis


Service by ordinary mail deprives the court of jurisdiction.

Case Information

UID:
2000-015-068
Claimant(s):
TONY ELLIOTT aka ANTHONY TAYLOR
Claimant short name:
ELLIOTT
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of the claim has been amended sua sponte to reflect the State of New York as the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102397
Motion number(s):
M-61841
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Tony Elliott, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. BryantAssistant 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 an inmate proceeding pro se alleging negligence on the part of Columbia County employees as the result of a slip and fall accident which occurred at approximately 3:00 p.m. on April 24, 1999 at the Columbia County Jail. The defendant named by the claimant in the caption of the claim was the "Columbia County Jail". The claim was served upon the Attorney General by ordinary mail and received on May 1, 2000. By a pre-answer motion the State seeks dismissal upon the ground that the claim was not served either personally or certified mail, return receipt requested, as required by Court of Claims Acts § 11 (a). Claimant has not opposed the motion.

Service upon the Attorney General by ordinary mail rather than personally or by certified mail, return receipt requested, deprives this Court of the jurisdiction to adjudicate the claim requiring the granting of the dismissal motion (Philippe v State of New York, 248 AD2d 827).


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 5, 2000;
  2. Affirmation of Eileen E. Bryant dated June 5, 2000, with exhibits.