New York State Court of Claims

New York State Court of Claims

FINKELMAN v. NEW YORK STATE POLICE, TROOPER ALFALA, TROOPER SGT. STAMPS, JOHN DOE'S, JANE DOE'S, UNKNOWN ENTITIES, #2006-010-003, Claim No. 110430, Motion No. M-71119


Synopsis


Defendant's motion to dismiss is granted. Claim not served upon the Attorney General.

Case Information

UID:
2006-010-003
Claimant(s):
LAWRENCE L. FINKELMAN
Claimant short name:
FINKELMAN
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE POLICE, TROOPER ALFALA, TROOPER SGT. STAMPS, JOHN DOE'S, JANE DOE'S, UNKNOWN ENTITIES
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110430
Motion number(s):
M-71119
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
LAWRENCE L. FINKELMANPro 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 27, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers numbered 1-2 were read and considered by the Court on defendants' motion to dismiss:

Notice of Motion, Supporting Affirmation and Exhibit...........................................1


Response to Defendants' Motion to Dismiss...........................................................2

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).

The affidavit of the clerk in the Claims Bureau of the Office of the Attorney General of the State of New York states that a thorough search of the computer filing system reveals no record of service upon the Attorney General of either a Notice of Intention to File a Claim or a Claim (Defendants' Ex. A). Additionally, the Court does not have jurisdiction over the named defendants.

Accordingly, defendants' motion is GRANTED and the claim is dismissed.


January 27, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims