New York State Court of Claims

New York State Court of Claims

BLOOMFIELD v. THE STATE OF NEW YORK, #2002-005-502, Claim No. 104878, Motion No. M-64571


Synopsis


Defendant's motion for dismissal of the claim because of improper service by regular mail is granted.

Case Information

UID:
2002-005-502
Claimant(s):
LEE BLOOMFIELD
Claimant short name:
BLOOMFIELD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104878
Motion number(s):
M-64571
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Lee Bloomfield,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Heather R. Rubinstein, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 13, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On February 13, 2002, the following papers, numbered 1 to 4, were read on motion by Defendant for dismissal of the claim:

1, 2 Notice of Motion, Affirmation and Exhibits

3, 4 Filed Papers: Claim, Answer

Upon the foregoing papers, this motion is granted.

Defendant seeks dismissal of the claim herein on numerous grounds. Initially it seeks dismissal because of the lack of personal jurisdiction because the claim was served by regular mail and not by certified mail return receipt requested as required by Court of Claims Act §11 (see Exhibit A to the Motion). This defense was preserved with particularity as the Ninth Affirmative Defense in the Answer.

The Claimant has not disputed this allegation, nor opposed the relief sought. On this basis alone, improper service of the claim by regular mail deprives the court of jurisdiction over the person of the Defendant and the claim must be dismissed (Thomas v State of New York, 144 AD 2d 882).

It therefore is unnecessary to address Defendant's other grounds for dismissal. The motion is granted and the claim is dismissed.


February 13, 2002
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims