New York State Court of Claims

New York State Court of Claims

COOPER v. THE STATE OF NEW YORK, #2000-015-111, Claim No. 99480, Motion No. M-62471


Synopsis


Service of claim by regular mail insufficient to confer jurisdiction over claim seeking to recover for loss of personal property of inmate.

Case Information

UID:
2000-015-111
Claimant(s):
MATTHEW COOPER
Claimant short name:
COOPER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99480
Motion number(s):
M-62471
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Matthew Cooper, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Joel L. Marmelstein, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
December 21, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant's unopposed motion to dismiss the claim for lack of personal jurisdiction and/or subject matter jurisdiction for the claimant's failure to serve the claim in accordance with section 11 (a) of the Court of Claims Act is granted. This claim seeks to recover "compensatory damages" plus the sum of $30.64, being the alleged value of a stereo purchased by the claimant and alleged to have been destroyed on or about September 14, 1998 which coincided with the time of claimant's transfer from the Oneida Correctional Facility to Mohawk Correctional Facility.

Section 11 (a) of the Court of Claims Act requires that, except in appropriation cases, the claim "shall be served personally or by certified mail return, receipt requested, upon the attorney general within the times hereinbefore provided for filing with the clerk of the court." It is well established that service of a claim by regular mail will not satisfy the service requirement of section 11(a) and will result in dismissal of the claim for claimant's failure to acquire jurisdiction over the State (Philippe v State of New York, 248 AD2d 827; Bogel v State of New York, 175 AD2d 493).

On this motion the unrefuted allegation of the Attorney General that the instant claim was served by regular mail, supported by the attached copy of an envelope bearing a December 9, 1998 postage meter stamp for $.32 postage and containing the claimant's return address, is deemed sufficient proof of service by regular mail to merit dismissal of the claim for the claimant's failure to acquire jurisdiction over the State. The motion is, therefore, granted and the instant claim is dismissed.


December 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 September 29, 2000;
  2. Affirmation of Joel L. Marmelstein dated September 29, 2000 with exhibits.