New York State Court of Claims

New York State Court of Claims

ROBINSON v. THE STATE OF NEW YORK, #2006-009-021, Claim No. 109671, Motion No. M-71266


Synopsis


Claim was dismissed based upon his failure to establish service of his claim upon the Attorney General.

Case Information

UID:
2006-009-021
Claimant(s):
DWAYNE ROBINSON The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Claimant short name:
ROBINSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109671
Motion number(s):
M-71266
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant's attorney:
DWAYNE ROBINSON, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Heather R. Rubinstein, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:

Signature date:
April 12, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

By an Order to Show Cause issued by the Court on February 6, 2006, the parties were directed to address the issue of whether this claim had been properly served, and to make appropriate submissions on this issue to the Court on or before March 15, 2006.

In response, defendant has submitted the Affidavit of Janet Barringer, a Senior Clerk in the Albany Office of the Attorney General and a person familiar with the record keeping system regarding notices of intention to file claims and claims that are received in that office. In her Affidavit, Ms. Barringer states that based upon her examination of the files in the Office of the Attorney General, she finds no record that the claim in this matter was ever served on the Attorney General.

Claimant has not submitted any papers, nor has he contacted the Court in any manner, in response to the Order to Show Cause.

The service requirements of § 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; Bogel v State of New York, 175 AD2d 493).

In this particular matter, defendant has established to the satisfaction of the Court that claimant failed to serve this claim upon the Attorney General. Accordingly, the Court does not have jurisdiction of the claim, and it must be dismissed.

Therefore, it is

ORDERED, that Claim No. 109671 is hereby DISMISSED.




April 12, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
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 Cause
  2. Affidavit of Janet Barringer, with Exhibit
  3. Filed Papers: Claim