New York State Court of Claims

New York State Court of Claims

JONES v. THE STATE OF NEW YORK, #2003-031-107, Claim No. 108192, Motion No. M-67365


Synopsis


Case Information

UID:
2003-031-107
Claimant(s):
WILLIAM JONES
Claimant short name:
JONES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108192
Motion number(s):
M-67365
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
WILLIAM JONES, 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:
December 30, 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. Notice of Motion, filed September 9, 2003;
2) Affirmation of Timothy P. Mulvey, Esq., dated September 5, 2003, with attached exhibits. Claimant commenced this action seeking to recover $2,000,000.00 for injuries he sustained when he was assaulted by another inmate at Auburn Correctional Facility on July 23, 2001. Claimant served a notice of intention to file a claim upon the Attorney General on September 20, 2001. Claimant served his claim upon the Attorney General on August 25, 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 Court of Claims Act § 10(3).

Claimant has not submitted opposition to Defendant's motion.

Pursuant to 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 withing 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 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). The claim in this matter was served more than two years after it accrued. Therefore, it 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.

December 30, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims