New York State Court of Claims

New York State Court of Claims

GIBSON v. STATE OF NEW YORK, #2001-011-538, Claim No. 103180, Motion No. M-62938


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not served in a manner prescribed by Court of Claims Act §11 is granted.

Case Information

UID:
2001-011-538
Claimant(s):
DANA GIBSON
Claimant short name:
GIBSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103180
Motion number(s):
M-62938
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Dana Gibson, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kathleen M. Resnick, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
May 1, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the basis that it was not served in a mannerprescribed by Court of Claims Act §11.

Court of Claims Act §11 requires that a claim be served either personally or by certified mail return receipt requested. Failure to serve the claim in the manner prescribed by the statute results in a lack of personal jurisdiction (Thomas v State of New York, 144 AD2d 882). Defendant has provided a copy of the envelope in which the claim was received and the postage markings on the envelope indicate that mailing was done by regular mail. Based upon the affirmation of the attorney, the copy of the envelope and in the absence of opposition, the motion is granted and the claim is dismissed.

May 1, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion dated January 10, 2001
  2. Affirmation in Support of Kathleen M. Resnick, Esq. dated January 10, 2001 with exhibits annexed