New York State Court of Claims

New York State Court of Claims

RAMIREZ v. THE STATE OF NEW YORK, #2003-032-121, Claim No. 105905, Motion No. M-67129


Synopsis


Case Information

UID:
2003-032-121
Claimant(s):
CARLOS RAMIREZ
Claimant short name:
RAMIREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105905
Motion number(s):
M-67129
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Carlos Ramirez, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Esq., NYS Attorney General
By: Eileen E. Bryant, Esq., Assistant Attorney General,Of Counsel
Third-party defendant's attorney:

Signature date:
December 22, 2003
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By an Order to Show Caused issued by the Court on July 22, 2003, the parties were directed to address the issue of whether Claim No. 105905 had been properly served. They were asked to do the following:
[T]o submit to the Court, in writing, a statement relating to service of this claim, making reference to and including copies of any relevant documentary evidence. Claimant should submit affidavits establishing personal service or a copy of the certified mail, return receipts evidencing proper service by that alternative method. If defendant wishes to assert that the claim was not served on the Attorney General, that statement should come from someone with personal knowledge of the contents of files and records of the Department of Law



In response to the Order to Show Cause, defendant has submitted the affidavit of Carol A. McKay, a senior clerk in the Office of the Attorney General and the person with responsibility for keeping record of the notices of intention and claims filed with that office. She states that the only documents on file with the Attorney General that relate to this claim are a copy of the May 1, 2002 receipt letter from the Court of Claims acknowledging the receipt of the claim and a copy of the August 5, 2002 receipt letter from the Court of Claims acknowledging the receipt of the amended claim. Ms McKay states that based on her review of the Attorney General's files "I find no record that the Claim or Amended Claim in this matter was ever served on the Attorney General" (McKay affidavit, ¶ 4). Claimant has made no submission in response to the Order to Show Cause.

The Court concludes that claimant failed to serve a copy of Claim No. 105905 on defendant. Inasmuch as the service requirements of section 11 of the Court of Claims Act are jurisdictional in nature and a party's failure to comply with those requirements deprives the Court of jurisdiction to hear the claim (Dreger v New York State Thruway Auth., 81 NY2d 721, 724; Bogel v State of New York, 175 AD2d 493), the claim must be dismissed.

The Chief Clerk is directed to dismiss Claim No. 105905.



December 22, 2003
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims



The following papers were read on the Court's motion for clarification regarding service of the claim:

1. Order to Show Caused, issued July 22, 2003


2. Affidavit of Carol A. McKay with annexed Exhibits

3. Affidavit in opposition (none received)


Filed Papers: Claim - Amended Claim