New York State Court of Claims

New York State Court of Claims

BON-IE v. WARDEN ONELL, ET AL, STATE OF NEW YORK, ET AL, #2002-010-020, Claim No. 105130, Motion No. M-64800


Synopsis


Defendant's unopposed motion to dismiss is granted.

Case Information

UID:
2002-010-020
Claimant(s):
NAPOLEON BON-IE
Claimant short name:
BON-IE
Footnote (claimant name) :

Defendant(s):
WARDEN ONELL, ET AL, STATE OF NEW YORK, ET AL
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105130
Motion number(s):
M-64800
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
NAPOLEON BON-IEPro 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:
March 22, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibit

Defendant submits the affidavit of Catherine Naveed, the clerk of the Claims Bureau in the office of the Attorney General of the State of New York, who conducted a thorough search to determine whether a Notice of Intention or a claim were ever filed in this matter. The search did not reveal either a Notice of Intention or claim.

The requirements of Court of Claims Act §§ 10 and 11 are jurisdictional in nature and require strict compliance (see, Finnerty v New York State Thruway Auth., 75 NY2d 721). Accordingly, the claim warrants dismissal pursuant to CPLR 3211(a)(8) (see, Gatz v State of New York, 283 AD2d 607).

Defendant's motion to dismiss Claim NO. 105130 is hereby GRANTED.


March 22, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims