New York State Court of Claims

New York State Court of Claims

IBLE v. THE STATE OF NEW YORK and CITY UNIVERSITY OF NEW YORK, #2005-016-035, Claim No. 109898, Motion No. M-69676


Synopsis


Claim was dismissed for lack of service.


Case Information

UID:
2005-016-035
Claimant(s):
CLIFFORD N. IBLE
Claimant short name:
IBLE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109898
Motion number(s):
M-69676
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Hecht, Kleeger, Pintel & Damashek, Esqs.No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralNo Appearance
Third-party defendant's attorney:

Signature date:
April 25, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was filed on September 27, 2004. No affidavit of service on the City University or the Attorney General of the State of New York is contained in the Court's file, nor is an answer contained in such file. In the underlying claim, it is alleged that on May 13, 2004, Clifford N. Ible was injured on "inflatable/rubber obstacle courses" at the City College of New York. By Order to Show Cause returnable April 20, 2005 and denominated as motion no. M-69676, claimant was directed to show cause why this claim should not be dismissed on the ground that he failed to comply with the service requirements of section 11 of the Court of Claims Act. Claimant, who did not respond to the Order to Show Cause, did not dispute that he failed to effect service.

"It is well established that compliance with sections 10 and 11 of the Court of Claims Act pertaining to the timeliness of filing and service requirements respecting claims and notices of intention to file claims constitutes a jurisdictional prerequisite to the institution and maintenance of a claim against the State, and accordingly, must be strictly construed . . ." Byrne v State of New York, 104 AD2d 782, 783, 480 NYS2d 225, 227 (2d Dept 1984), lv denied, 64 NY2d 607, 488 NYS2d 1023 (1985) (citations omitted). See also Mallory v State of New York, 196 AD2d 925, 601 NYS2d 972 (3d Dept 1993).

In sum, this Court lacks jurisdiction over claim no. 109898. Accordingly, IT IS ORDERED that claim no. 109898 be dismissed.


April 25, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims