New York State Court of Claims

New York State Court of Claims

SANTANA v. THE STATE OF NEW YORK, #2003-031-034, Claim No. 107318, Motion No. M-66478


Synopsis


Claim filed more than two years after accrual is dismissed.

Case Information

UID:
2003-031-034
Claimant(s):
ELIAS SANTANA
Claimant short name:
SANTANA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107318
Motion number(s):
M-66478
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
ELIAS SANTANA, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: TIMOTHY P. MULVEY, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 26, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on motion by Defendant for dismissal of the claim:
  1. Defendant's Notice of Motion, filed February 28, 2003;
2) Affirmation of Timothy P. Mulvey, Esq., dated February 27, 2003, with attached exhibits. Claimant commenced this action seeking to recover $100,000.00 for injuries he sustained when he slipped and fell on ice at Five Points Correctional Facility on January 22, 2001. Claimant served a notice of intention to file a claim upon the Attorney General on March 23, 2001. Claimant served his claim upon the Attorney General by certified mail, return receipt requested on February 12, 2003.

With this motion, Defendant seeks dismissal of the claim based upon Claimant's failure to serve the claim upon the Attorney General within two years of the accrual of the claim as required by the Court of Claims Act § 10(3).

Claimant has not submitted opposition to Defendant's motion.

Pursuant to the Court of Claims Act § 10(3), a claim based upon personal injury resulting from the negligence of an agent of the State, such as is alleged here, must be filed within ninety days unless Claimant has served a notice of intention to file a claim. In that event § 10(3) provides: "the claim shall be filed and served upon the attorney general within two years after the accrual of such claim" (emphasis added). It is a fundamental principle of practice in the Court of Claims that the filing and service requirements contained in the Court of Claims Act § 10 are jurisdictional in nature and must be strictly construed (Finnerty v New York State Thruway Auth., 75 NY2d 721, 722; Commack Self-Serv. Kosher Meats v State of New York, 270 AD2d 687). As such, the Claim must be dismissed as untimely.

Based upon the foregoing it is:

ORDERED, that Defendant's motion for dismissal of the claim is granted. The Clerk is directed to close the file.

June 26, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims