New York State Court of Claims

New York State Court of Claims

BRADLEY v. THE STATE OF NEW YORK, #2001-015-182, Claim No. 100789, Motion No. M-63686


Synopsis


Claimant's failure to serve Attorney General by one of the methods specified in Court of Claims Act § 11 (a) is fatal jurisdictional defect.

Case Information

UID:
2001-015-182
Claimant(s):
WILLIAM BRADLEY
Claimant short name:
BRADLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100789
Motion number(s):
M-63686
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
William Bradley, Pro SeNo Appearance
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
September 24, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The defendant's motion for an order pursuant to CPLR 3211 dismissing the claim for lack of jurisdiction is granted. This is a claim by an inmate appearing pro se to recover an unspecified sum of damages for personal injuries allegedly sustained when he stepped into a hole in the yard at Mohawk Correctional Facility, Rome, New York on March 8, 1999. The claim was filed with the Clerk of the Court on July 26, 1999. The defendant seeks dismissal upon the ground that the claim was not served upon the Attorney General personally or by certified mail, return receipt requested, within 90 days of accrual as required by Court of Claims Act § 10 (3). In fact, the defendant alleges that the claim was never served upon the Attorney General by any method of service at any time prior to the making of the motion. This allegation is supported by an affidavit of Carol A. McKay, a senior clerk in the Attorney General's Claims Bureau, who alleges that she conducted a search of the records of such bureau and found no such claim. The motion was not opposed.

The claimant's failure to serve the claim upon the Attorney General by one of the methods specified in Court of Claims Act § 11 (b) is a fatal jurisdictional defect (see, Billups v State of New York, 195 AD2d 496, appeal dismissed 82 NY2d 794, lv to appeal denied, 83 NY2d 752; Collado v State of New York, 207 AD2d 936). In arriving at its determination to dismiss the claim on jurisdictional grounds the Court notes that the waiver provision of Court of Claims Act § 11 (c) was not invoked here since no answer containing specific objections to the manner of service was required to be served or filed because the Attorney General was never served with the claim (see, 22 NYCRR § 206.7[a]). The instant claim is, accordingly, dismissed.


September 24, 2001
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated June 18, 2001;
  2. Affirmation of Belinda A. Wagner dated June 18, 2001, with exhibit.