New York State Court of Claims

New York State Court of Claims

YOUNG v. THE STATE OF NEW YORK, #2003-015-310, Claim No. 106320, Motion No. M-65894


Synopsis


Claim seeking to recover damages stemming from NYC's Parking Violations Bureau's seizure and sale of claimant's motor vehicle dismissed for failure to serve claim upon the Attorney General as required by Court of Claims Act § 11 (a)

Case Information

UID:
2003-015-310
Claimant(s):
JOSEPH YOUNG
Claimant short name:
YOUNG
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106320
Motion number(s):
M-65894
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Joseph Young, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 15, 2003
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The defendant's motion to dismiss for lack of jurisdiction on the basis that the claimant failed to serve a copy of the claim upon the Attorney General as required by Court of Claims Act § 11 (a) (i) is granted. The claim, filed with the Court on July 5, 2002 and assigned claim number 106320, alleges that the claimant's motor vehicle was seized and sold by the New York City Parking Violations Bureau based on parking tickets allegedly issued to claimant's deceased brother.

Although served with the motion papers (see, Affidavit of Catherine M. Callahan) the claimant has failed to oppose the motion which includes the affidavit of Carol A. McKay, a Senior Clerk in the Albany Office of the Attorney General. Ms. McKay states the following:
a. The Office of the Attorney General of the State of New York, Claims Bureau, Albany Office, has received a letter from the Court of Claims dated July 19, 2002 acknowledging receipt by the Court on July 5, 2002 of a Claim of JOSEPH YOUNG against NYS DEPT. OF MOTOR VEHICLES & ANO.. This was given the reference number: OAG# 02-009816-O. A copy of this document is attached as Exhibit "1".

4. Based on my review of the files in the Office of the Attorney General of the State of New York, Albany Claims Bureau, I find no record that the Claim in this matter was ever served on the Attorney General.
It is well established that the service and filing requirements of the Court of Claims Act are jurisdictional in nature. In Lichtenstein v State of New York, 93 NY2d 911, the Court of Appeals, quoting from its earlier decision in Dreger v New York State Thruway Auth., 81 NY2d 721, 724, stated: "[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed."

The defendant has established that the claimant failed to serve a copy of the claim herein upon the Attorney General as required by Court of Claims Act § 11. Accordingly, the claim must be dismissed as the claimant has failed to meet the literal requirements of the Court of Claims Act relative to commencement of an action against the State of New York in the Court of Claims (Dreger v New York State Thruway Auth., supra, at 723).


January 15, 2003
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated October 7. 2002;
  2. Affirmation of Eileen E. Bryant dated October 7. 2002 with exhibits;
  3. Affidavit of Carol A. McKay sworn to October 2, 2002 with exhibit;
  4. Notice of motion dated October 30, 2002;
  5. Affidavit of service on claimant sworn to October 30, 2002.