New York State Court of Claims

New York State Court of Claims

WEBLEY v. THE STATE OF NEW YORK, #2006-032-015, Claim No. 111474, Motion Nos. M-70957, M-70874


Synopsis



Case Information

UID:
2006-032-015
Claimant(s):
CLIVE ANDRE WEBLEY
Claimant short name:
WEBLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111474
Motion number(s):
M-70957, M-70874
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Clive Andre Webley, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Belinda A. Wagner, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
March 3, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves this Court to dismiss the claim pursuant to CPLR 3211, for failure to

serve the Attorney General as required by Court of Claims Act §11. Claimant moves for leave to proceed as a poor person.

In September 2005, claimant received permission from this Court to file a late claim (Decision and Order filed September 23, 2005). Claimant was directed to file and serve defendant in accordance with the Uniform Rules of the Court of Claims and the Court of Claims Act. On October 7, 2005, defendant received the claim via regular mail. It is well settled that a claim must be served upon the Attorney General by either personal service or certified mail, return receipt requested (Court of Claims Act § 11 [a]). Defendant submits the postal envelope mailed by claimant; it does not reflect service by certified mail, return receipt requested. Claimant's opposition does not deny that he failed to comply with this requirement. As such, his claim is dismissed for failure to comply with the jurisdictional requirements of the Court of Claims Act (see Turley v State of New York 279 AD2d 819 [3d Dept 2001], lv denied 96 NY2d 708 [2001]).

Accordingly, defendant's motion M-70957 is granted and claimant's motion M-70874 is denied as moot.



March 3, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1.Notice of Motion filed November 18, 2005;

2. Affirmation of Belinda A. Wagner dated November 16, 2005; Exhibits A-B annexed

3. Petition to Proceed in Forma Pauperis dated October 3, 2005;

4. Claimant's Opposition to State's Motion filed November 28, 2005.