New York State Court of Claims

New York State Court of Claims

TAYLOR v. STATE OF NEW YORK, #2002-018-153, Claim No. 105616


Synopsis


Claim was dismissed pursuant to Court of Claims Act §11(2)(i).

Case Information

UID:
2002-018-153
Claimant(s):
WALTER TAYLOR
Claimant short name:
TAYLOR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105616
Motion number(s):

Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
WALTER TAYLORPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: Joel L. Marmelstein, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
July 17, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant filed a "Notice of Claim" with the Clerk of this Court. No affidavit of service was submitted with that document. This matter was scheduled for trial on July 11, 2002, and at that time, the assistant attorney general provided an affidavit by Carol McKay, Senior Clerk in the Albany office of the Attorney General, in which she stated that no claim was served upon the attorney general.

It being claimant's burden to prove proper service, the Court gave claimant an opportunity to provide proof of service upon the defendant (
Wern v D'Alessandro, 219 AD2d 646.) Claimant did not provide proof of service. Timely service of a claim is a jurisdictional prerequisite to maintaining an action in this Court. (Court of Claims Act §11(a)(i); Finnerty v New York State Thruway Authority, 75 NY2d 721.) The Court granted the motion dismissing the claim for lack of jurisdiction. The claim is hereby DISMISSED. LET JUDGMENT BE ENTERED ACCORDINGLY.


July 17, 2002
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims