New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2002-010-014, Claim No. 103535, Motion Nos. M-64467, CM-64566


Synopsis


Claimant's motion for leave to amend Claim No. 103535 is denied and defendant's cross-motion for dismissal is granted.

Case Information

UID:
2002-010-014
Claimant(s):
STEVEN DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103535
Motion number(s):
M-64467
Cross-motion number(s):
CM-64566
Judge:
Terry Jane Ruderman
Claimant's attorney:
STEVEN DAVISPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 5, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion for leave to amend Claim No. 103535 and defendant's cross-motion for dismissal:
Notice of Motion, Claimant's Supporting Affidavit...................................................1

Notice of Cross-Motion, Attorney's Supporting Affirmation and Exhibit..............2

Claimant seeks leave to amend Claim No. 103535; defendant, however, cross-moves to dismiss the claim on the ground that claimant never served the Attorney General's office with a copy of the claim as required by Court of Claims Act §11.

The requirements of § 11 are jurisdictional in nature (see, Finnerty v New York State Thruway Auth., 75 NY2d 721; Adkison v State of New York, 226 AD2d 409). Accordingly, the claim warrants dismissal.

Defendant's cross-motion is GRANTED and claimant's motion is DENIED as moot.


February 5, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims