New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2000-017-022, Claim No. 99020, Motion No. M-61537


Synopsis


The Court dismissed claimant's claim for failure to properly serve the Claim on the Attorney General.

Case Information

UID:
2000-017-022
Claimant(s):
JOE JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99020
Motion number(s):
M-61537
Cross-motion number(s):

Judge:
ANDREW P. O'ROURKE
Claimant's attorney:
Joe Jackson, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer
Attorney General of the State of New York
By: Carol Poles, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 24, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant filed the instant claim for damages for alleged improper medical treatment while he was incarcerated at various State correctional facilities between 1995 and September 1998. In its verified answer, defendant raised as its First Affirmative Defense the allegation that the Claim should be dismissed because it was served on the Attorney General by regular mail, rather than by certified mail, return receipt requested, or personal service, as required by Court of Claims Act §11. At a trial of this Claim, which was held on May 24, 2000 at Fishkill Correctional Facility, defendant moved to dismiss the claim based on this defect in service, which is jurisdictional in nature.

At the trial, the Court reviewed the envelope that was used by claimant to serve this Claim on the State. The envelope indicates that it was received by defendant on September 22, 1998 and mailed from Wende Correctional Facility. The envelope does not reveal that it was sent certified mail, return receipt requested. Additionally, claimant has failed to support his allegation that he requested the facility to mail his Claim to the Attorney General by certified mail with receipts or proof that the requisite amount of money for certified mailing had been deducted from his prisoner account.

Accordingly, defendant's motion to dismiss this Claim is GRANTED and claimant's motion for the assignment of counsel, M-61537, is DENIED as moot.


July 24, 2000
White Plains, New York

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