New York State Court of Claims

New York State Court of Claims

HARRIS v. THE STATE OF NEW YORK, #2000-017-018, Claim No. 102039, Motion No. M-61572


Synopsis


The Court granted defendant's motion for summary judgment dismissing the claim on the ground that the claim was not timely filed pursuant to Court of Claims Act §10(3) and was improperly served on the Attorney General in violation of Court of Claims Act §11.

Case Information

UID:
2000-017-018
Claimant(s):
JULIA HARRIS
Claimant short name:
HARRIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102039
Motion number(s):
M-61572
Cross-motion number(s):

Judge:
ANDREW P. O'ROURKE
Claimant's attorney:
Julia Harris, Pro Se, No Appearance
Defendant's attorney:
Hon. Eliot Spitzer
Attorney General of the State of New York
By: Elyse J. Angelico, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 14, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers, numbered 1 through 2, were read and considered by the Court on defendant's motion for summary judgment dismissing the claim:

Notice of Motion, Attorney Affirmation and Exhibit.................................................1

Filed Claim..................................................................................................................2

Claimant alleges that she was assaulted by a correction officer on July 6, 1984 at the Bedford Hills Correctional Facility. The claim was filed with the Court of Claims on March 1, 2000. Under Court of Claims Act § 10(3-b), a claim to recover damages for injury stemming from an intentional act "shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within one year after the accrual of such claim." This claim was filed more than 15 years after the accrual of the claim, and thus is untimely. Even if claimant served a "notice of intention to file a claim" within the statutory period, the claim would remain untimely. Thus, claimant has failed to comply with the jurisdictional requirements of Court of Claims Act § 10 (see, Finnerty v New York State Thruway Authority, 75 NY2d 721).

Claimant also failed to properly serve her claim on the Attorney General's Office. Court of Claims Act §11 requires that a copy of the claim be timely served upon the Attorney General's Office "personally or by certified mail, return receipt requested." This claim was served via regular mail (see, Exh. A). Accordingly, the claim warrants dismissal due to claimant's failure to serve a copy of the claim upon the Attorney General in the manner specified in Court of Claims Act § 11 (see, Adkison v State of New York, 226 AD2d 409; Hodge v State of New York, 213 AD2d 766; Schaeffer v State of New York, 145 Misc 2d 135).

Accordingly, defendant's motion is GRANTED and Claim No. 102039 is DISMISSED.


July 14, 2000
White Plains, New York

HON. ANDREW P. O'ROURKE
Judge of the Court of Claims