New York State Court of Claims

New York State Court of Claims

MITCHELL v. THE STATE OF NEW YORK, #2001-014-514, Claim No. 103043, Motion No. M-62524


Synopsis


Motion to dismiss claim, on the ground it was not timely served and filed, is granted.

Case Information

UID:
2001-014-514
Claimant(s):
KENNETH MITCHELL
Claimant short name:
MITCHELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103043
Motion number(s):
M-62524
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Kenneth Mitchell, Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 20, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the defendant's motion to dismiss the claim: Notice of Motion, Affirmation in Support and Exhibit annexed.


Upon the foregoing papers, and without opposition, the defendant's pre-answer motion to dismiss the claim is granted.

The claim, concerning an automobile accident alleged to have occurred on May 7, 1999, was filed on September 7, 2000. It is not alleged by the claimant that a notice of intention was ever served on the Attorney General. The claim was not filed or served, nor was a notice of intention served, within 90 days of the accrual date, as required by Court of Claims Act §§ 10(3). The claim must therefore be dismissed for lack of jurisdiction. Byrne v State of New York, 104 AD2d 782, lv denied 64 NY2d 607; Mallory v State of New York, 196 AD2d 925.


February 20, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims