New York State Court of Claims

New York State Court of Claims

SANCHEZ v. THE STATE OF NEW YORK , #2003-010-044, Claim No. 106457


Synopsis


Case Information

UID:
2003-010-044
Claimant(s):
MIGUEL SANCHEZ The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Claimant short name:
SANCHEZ
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106457
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
MIGUEL SANCHEZPro 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 3, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for the loss of a money order sent to him while he was incarcerated at Sing Sing Correctional Facility.
On the day of trial, counsel for
defendant stated that the Office of the Attorney General of the State of New York was never served with the claim. Defendant produced an affidavit from Catherine Naveed, Clerk in the Claims Bureau in the New York City Office of the Attorney General, which stated that a review of the computer filing system revealed that a claim was never served on the Attorney General (Ex. A). Claimant produced no documentation establishing that he had served the claim.
The requirements of §11 of the Court of Claims Act are jurisdictional in nature (
see Finnerty v New York State Thruway Auth., 75 NY2d 721; Adkison v State of New York, 226 AD2d 409). Accordingly, the claim warrants dismissal.
D
efendant's motion to dismiss, upon which decision was reserved, is now GRANTED.
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 106457.


March 3, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims