New York State Court of Claims

New York State Court of Claims

SANCHEZ v. NEW YORK STATE, #2002-011-534, Claim No. 105559, Motion No. M-64844


Synopsis


Defendant's motion for dismissal of the claim on the basis that it was not served in the manner required by CCA §11 is granted.

Case Information

UID:
2002-011-534
Claimant(s):
PEDRO SANCHEZ, 01 A 0029
Claimant short name:
SANCHEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105559
Motion number(s):
M-64844
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Pedro Sanchez, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 13, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the basis that it was not served in the mannerrequired by Court of Claims Act section 11.

Court of Claims Act §11 requires that a claim be served either personally or by certified mail return receipt requested. Failure to serve the claim in the manner prescribed by the statute results in a lack of personal jurisdiction (Thomas v State of New York, 144 AD2d 882). Defendant has provided a copy of the envelope in which the claim was received and the postage markings on the envelope indicate that mailing was done by regular mail. Based upon the affirmation of the attorney and the copy of the envelope, the motion is granted and the claim is dismissed.


May 13, 2002
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion dated March 12, 2002
  2. Affirmation of Eileen E. Bryant, Esq. dated March 12, 2002 with attachments