New York State Court of Claims

New York State Court of Claims

WALKER v. THE STATE OF NEW YORK, #2005-010-011, Claim No. 106893


Synopsis


Inmate claim for improper medical treatment while incarcerated is dismissed as the claim was served on the office of the Attorney General by regular mail. No jurisdiction.

Case Information

UID:
2005-010-011
Claimant(s):
LEROY WALKER
Claimant short name:
WALKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106893
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
LEROY WALKERPro 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:
January 31, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
By Claim No. 106893, dated October 2, 2002, claimant seeks damages for the improper medical care he allegedly received on July 29 and July 30, 2002 while incarcerated at Sing Sing Correctional Facility (Sing Sing).
Claimant served his claim on the office of the Attorney General by regular mail. In its answer, defendant asserted as a fifth affirmative defense that the Court lacks jurisdiction since the claim and notice of intention were served on the office of the Attorney General by regular mail, rather than personally or certified mail, return receipt requested, as required by Court of Claims Act § 11 (Answer). At trial, claimant testified that he did not comply with the statute due to his hospitalization. The evidence establishes that he was hospitalized for nine days and was in the Sing Sing infirmary for one week. The Court finds that this does not establish an excuse for claimant's failure to comply with the statutory mandate. 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, 498).
Defendant's motion to dismiss Claim No. 106893 is GRANTED.
LET JUDGMENT BE ENTERED
ACCORDINGLY.

January 31, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims