New York State Court of Claims

New York State Court of Claims

PHILIP v. THE STATE OF NEW YORK, #2001-011-573, Claim No. 104323, Motion No. M-63698


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not properly served is granted.

Case Information

UID:
2001-011-573
Claimant(s):
ANDREW PHILIP
Claimant short name:
PHILIP
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104323
Motion number(s):
M-63698
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Andrew Philip, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Paul F. Cagino, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 8, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant moves to dismiss the claim on the basis that it was not properly served. Under the Court of Claims Act §11, the claim shall be filed with the clerk of the court and a copy shall be served personally or by certified mail, return receipt requested, upon the attorney general. If a party fails to serve the attorney general in the manner prescribed by the statute, the court is without jurisdiction over the defendant. (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 the mailing was done by regular mail. Claimant has, therefore, failed to properly serve defendant in the manner set forth in Court of Claims Act §11. Accordingly, the motion is granted and the claim is dismissed.



August 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated June 27, 2001
  2. Affirmation in Support of Paul F. Cagino, Esq. dated June 27, 2001 with exhibit annexed