New York State Court of Claims

New York State Court of Claims

STREETER v. THE STATE OF NEW YORK, #2002-011-564, Claim No. 105615, Motion No. M-65037


Synopsis


Claimant's motion to strike affirmative defenses raised in answer is denied as moot. Defendant's cross motion to dismiss the claim on the basis that it was not served in the manner required by CCA §11 is granted.

Case Information

UID:
2002-011-564
Claimant(s):
LEON STREETER, 92 A 5083
Claimant short name:
STREETER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105615
Motion number(s):
M-65037
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Leon Streeter, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 29, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has moved to strike affirmative defenses raised in the answer and defendant has

cross-moved to dismiss the claim on the basis that it was not served in the manner required by Court of Claims Act section 11.

Inasmuch as the motion to dismiss may be dispositive it is addressed first.

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). Claimant admits in his affidavit submitted in support of his motion that the claim was not served in the required manner and defendant has pleaded service by regular mail as an affirmative defense. Inasmuch as the claim was not served in the manner required by statute, the motion is granted and the claim is dismissed. The motion to dismiss defenses is denied as moot.


July 29, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated March 26, 2002
2. Affidavit in Support of Leon Streeter sworn to the 26th day of March, 2002 with attachments
3. Affirmation in Opposition of Kevan J. Acton, Esq. dated April 19, 2002