New York State Court of Claims

New York State Court of Claims

DORON v. THE STATE OF NEW YORK, #2006-015-081, Claim No. 110786, Motion No. M-71111


Synopsis


Court granted unopposed motion by State to dismiss claim for lack of jurisdiction where claimant failed to serve copy of claim upon Attorney General.

Case Information

UID:
2006-015-081
Claimant(s):
BEN SHOSHAN DORON
1 1.The caption of this claim was amended sua sponte by order dated December 21, 2005 to reflect the only properly named defendant.
Claimant short name:
DORON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of this claim was amended sua sponte by order dated December 21, 2005 to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110786
Motion number(s):
M-71111
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Ben Shoshan Doron, Pro SeNo Appearance
Defendant’s attorney:
Honorable Eliot Spitzer, Attorney General
By: Paul F. Cagino, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 18, 2006
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The defendant's motion to dismiss the claim herein for lack of jurisdiction alleging the claimant failed to serve a copy of the claim upon the Attorney General as required by Court of Claims Act § 11 (a) is granted. The claim filed with the Clerk of the Court on April 21, 2005 and assigned claim number 110786 alleges that claimant was arrested following a traffic stop by New York City police based upon incorrect information obtained from the New York State Department of Motor Vehicles regarding the status of claimant's driver's license.

A copy of the instant motion was served upon the claimant on December 23, 2005. Claimant has failed to oppose the motion. In support of the motion the defendant has offered the affidavit of Theresa Wowk, a Clerk II in the Albany Office of the Attorney General, which states:
4. Based on my review of the files in the Office of the Attorney General of the State of New York, Litigation Bureau, Claims Practice Group, I find that the Office of the Attorney General received a letter from the Court of Claims dated May 9, 2005 acknowledging receipt by the Court on April 21, 2005 of a Claim of Ben Shoshan Doron against DMV-Traffic Violations. This was given the reference number: OAG # 05-024449-O. A copy of this document is attached as Exhibit "A."

5. Based on my review of the files in the Office of the Attorney General of the State of New York, Claims Practice Group, I find no record that the Claim in this matter was ever served on the Attorney General.

It is well established that the service and filing requirements of the Court of Claims Act are jurisdictional in nature. In Lichtenstein v State of New York, 93 NY2d 911, the Court of Appeals, quoting from its earlier decision in Dreger v New York State Thruway Auth., 81 NY2d 721, 724, stated: "[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed."

The defendant has adequately established that the claimant failed to serve a copy of the claim upon the Attorney General as required by Court of Claims Act § 11. Accordingly, the claim must be dismissed as the claimant has failed to meet the literal requirements of the Court of Claims Act relative to commencement of an action against the State of New York in the Court of Claims (Dreger v New York State Thruway Auth., supra, at 723).


April 18, 2006
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
1. Notice of motion dated December 21, 2005;
2. Affirmation of Paul F. Cagino dated December 21, 2005;
3. Affidavit of Theresa Wowk sworn to December 20, 2005 with exhibit.