New York State Court of Claims

New York State Court of Claims

ANDERSON v. (SUPT.) THOMAS RICKS, et al, #2002-011-578, Claim No. 106057, Motion No. M-65398


Synopsis


Defendant's 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:
2002-011-578
Claimant(s):
JOSEPH ANDERSON, 98 A 3944
Claimant short name:
ANDERSON
Footnote (claimant name) :

Defendant(s):
(SUPT.) THOMAS RICKS, et al
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106057
Motion number(s):
M-65398
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Joseph Anderson, 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:
September 10, 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 manner

required 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.


September 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion to Dismiss dated June 21, 2002
2. Affirmation in Support of Eileen E. Bryant, Esq. dated June 21, 2002 with exhibit annexed