New York State Court of Claims

New York State Court of Claims

MALLOY v. THE STATE OF NEW YORK, #2001-019-530, Claim No. 102276


and 26 additional claims , Motion No. M-63142


Synopsis


27 Claims are dismissed upon the Court's own motion because of Claimant's failure to establish proper service on defendant.

Case Information

UID:
2001-019-530
Claimant(s):
ANTHONY MALLOY
Claimant short name:
MALLOY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102276and 26 additional claims
Motion number(s):
M-63142
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ANTHONY MALLOY, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Glenn C. King, Assistant Attorney General of counsel
Third-party defendant's attorney:

Signature date:
May 17, 2001
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By an Order to Show Cause dated February 28, 2001 and filed in the Office of the Clerk on March 2, 2001, the Court directed both parties to submit written statements and any relevant proof to establish whether the 27 claims listed herein were served on the Office of the Attorney General in accordance with the requirements of Court of Claims 11 (a), namely by personal service or by certified mail, return receipt requested.

The Court has considered the following papers in connection with this motion:
  1. Order to Show Cause, dated February 28, 2001 and filed March 2, 2001, with
attachment.
  1. Letter from Anthony Malloy to Court, dated March 6, 2001, and received by the Court on April 5, 2001.
  2. Affirmation of Glenn C. King, AAG, dated April 25, 2001, and filed April 27, 2001, with attached exhibits.
  3. Affidavit of Carol A. McKay, sworn to May 1, 2001, and filed May 7, 2001.
In response to the Court's Order, Claimant has submitted a letter to the Court dated March 6, 2001 in which he states, in pertinent part, as follows: "Claimant wish to dismiss all Twenty-Seven action listed on the attached page (Attachment A) Motion No. M-63142. Claimant is awaiting response as of soon as possible of dismissal of all Twenty-Seven action attached to (Attachment A) of Motion no. M-63142." (Claimant's letter dated March 6, 2001). In response to the Court's Order, the State has provided the affidavit of Carol A. McKay, Senior Clerk in the Albany Office of the Attorney General dated May 1, 2001. Ms. McKay avers that her job duties require her familiarity with the record keeping system of the Claims Bureau in the Attorney General's office and that she made a thorough search of the relevant files. Ms. McKay states the Claims Bureau received letters from the Court of Claims acknowledging receipt by the Court of the referenced 27 claims, but that she found no record that any of these claims were ever served on the Attorney General. Furthermore, the State of New York acknowledges receipt of Claimant's letter and has no objection to his apparent desire for the dismissal of all 27 claims.


The service requirements of CCA 11 are jurisdictional in nature and must be strictly construed. (Finnerty v New York State Thruway Auth., 75 NY2d 721, 722-723). Claimant has failed to demonstrate proper service of these claims pursuant to CCA 11 (a) and, as such, all 27 claims must be dismissed.


Accordingly, for the reasons stated above, it is ORDERED that in response to the Court's Order to Show Cause, Motion No. M-63142, all the Claims set forth in the caption of this Decision and Order are DISMISSED.


May 17, 2001
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims


ADDITIONAL CLAIMS INCLUDED IN MOTION DECISION ON MOTION NO. M-63142

102502, 102697, 102733, 102804, 103189, 103190, 103191, 103192, 103321, 103322, 103323, 103324, 103325, 103328, 103432-B, 103432-C, 103432-D, 103432-E, 103432-F, 103432-G, 103432-I, 103432-J, 103432-K, 103432-O, 103432-S, 103432-T