New York State Court of Claims

New York State Court of Claims

FULLER v. THE STATE OF NEW YORK, #2001-011-592, Claim No. 104485, Motion No. M-63864


Synopsis


Defendant's motion to dismiss the claim on the basis that it was not served in the manner required by CCA§11 is granted.

Case Information

UID:
2001-011-592
Claimant(s):
BRIAN FULLER
Claimant short name:
FULLER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104485
Motion number(s):
M-63864
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Brian Fuller, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 25, 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 the mannerrequired 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.

October 25, 2001
Saratoga Springs, New York

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



Papers Considered:

1. Notice of Motion dated July 31, 2001
2. Affirmation in Support of Eileen E. Bryant, Esq. dated July 27, 2001 with exhibit annexed