New York State Court of Claims

New York State Court of Claims

CONNORS v. NEW YORK STATE LOTTERY AGENCY, #2004-010-017, Claim No. 108637, Motion No. M-68370


Synopsis


Case Information

UID:
2004-010-017
Claimant(s):
JAMES P. CONNORS, III
Claimant short name:
CONNORS
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE LOTTERY AGENCY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108637
Motion number(s):
M-68370
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JAMES P. CONNORS, III, PRO 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:
June 7, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on defendant's motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits

Defendant moves to dismiss the claim, pursuant to CPLR 3211(a)(8), for lack of personal jurisdiction. In support of the motion to dismiss, defendant submits, inter alia, the affidavit of the clerk of its Claims Bureau indicating that a thorough search was made and there is no record of a Notice of Intention to File a Claim or a Claim served upon defendant (Defendant's Ex. A).

The provisions of Court of Claims Act § 10 and § 11 are to be strictly construed and failure to comply with the service provisions "is a jurisdictional defect compelling the dismissal of the claim" (Welch v State of New York, 286 AD2d 496, 497-98). Moreover, the claim warrants dismissal because this Court does not have subject matter jurisdiction over the named defendant (Court of Claims Act §9).

Accordingly, defendant's unopposed motion to dismiss Claim No. 108637 is GRANTED.


June 7, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims