New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2001-011-603, Claim No. 101017, Motion No. M-64001


Synopsis


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

Case Information

UID:
2001-011-603
Claimant(s):
JUAN RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101017
Motion number(s):
M-64001
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Juan Rivera, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 14, 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 section 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 and the copy of the envelope, the motion is granted and the claim is dismissed.


November 14, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated August 28, 2001
  2. Affirmation in Support of Saul Aronson, Esq. dated August 28, 2001 with exhibits annexed
  3. Affidavit in Support of Opposition for the Defendant's Motion to Dismiss of Juan Rivera sworn to the 5th day of September, 2001