New York State Court of Claims

New York State Court of Claims

GLENN v. NEW YORK STATE, DIVISION OF MOTOR VEHICLE, #2001-028-567, Claim No. 104219, Motion No. M-63958


Synopsis


Court's Order to Show Cause - Court directed parties to address Claimant's apparent failure to comply with the service requirements of Court of Claims Act section 11. Defendant established no service. Claim dismissed.


Case Information

UID:
2001-028-567
Claimant(s):
TOMMIE GLENN
Claimant short name:
GLENN
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE, DIVISION OF MOTOR VEHICLE
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104219
Motion number(s):
M-63958
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
TOMMIE GLENN, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Eileen E. Bryant, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 19, 2001
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the Court's motion, brought on by Order to Show Cause, for clarification from the parties regarding service of this claim.

1. Order to Show Cause, filed on August 24, 2001

2. Affidavit of Carol A. McKay, sworn to on the 7th day of September, 2001 with annexed Exhibit A (McKay Affidavit)

3. OPPOSITION PAPERS: NONE.

4. Filed papers: Claim, filed May 3, 2001.


On May 3, 2001 a claim was filed with the Court and assigned Claim No. 104219. It alleged that the cause of action accrued on October 4, 2000 (Claim, ¶ 4).

On August 22, 2001, following the period for defendant to serve and file its answer, the Court's review of its file revealed that defendant had never filed an answer to the claim. Consequently, the Court issued an Order to Show Cause directing both parties to provide statements relating to service of this claim. Responding for defendant, Carol A. McKay, Senior Clerk in the Albany office of the Attorney General, conducted a search of the records of that office and stated that in her review of the Department of Law files she found no record that a claim was ever served upon the Attorney General.(McKay Affidavit, ¶ 4).

Claimant has submitted no written statement and provided no proof of service in response to the Court's Order to Show Cause with regard to this claim.

Court of Claims Act § 11 (a) provides, in relevant part, that a copy of the claim at issue "shall be served personally or by certified mail, return receipt requested, upon the attorney general." The requirements set forth in Court of Claims Act § 11 are jurisdictional in nature and, as such, must be strictly construed (see, Finnerty v New York State Thruway Auth., 75 NY2d 721, 722; Commack Self-Serv. Kosher Meats v State of New York, 270 AD2d 687).

The Court finds that claimant failed to comply with the requirements of Court of Claims Act §11(a) in that he failed to serve a copy of the claim on the Attorney General. Accordingly, Claim No. 104219 is hereby dismissed.


October 19, 2001
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims