New York State Court of Claims

New York State Court of Claims

NELSON v. THE STATE OF NEW YORK, #2006-032-041, Claim No. 111704, Motion No. M-71141


Synopsis



Case Information

UID:
2006-032-041
Claimant(s):
EDWARD NELSON
Claimant short name:
NELSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111704
Motion number(s):
M-71141
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Edward Nelson, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney General
By: Belinda A. Wagner, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
May 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.


By Decision and Order filed November 15, 2005, the Court (Scuccimarra, J.) granted claimant's application to treat his notice of intention as a claim. Because the notice of intention did not contain a total sum claimed, the Court further directed that claimant file and serve an amended claim within 30 days. Defendant does not dispute that it was served with an amended claim. Rather, defendant argues that claimant served the amended claim via ordinary mail, not certified mail return receipt requested, and, therefore, claimant failed to comply with Court of Claims Act § 10 and 11. The Court disagrees.

While the Court of Claims Act requires that a notice of intention or a claim must be served via personal service or certified mail, return receipt requested (Court of Claims Act § 11 [a]), no such requirement exists for service of an amended claim. Indeed, once jurisdiction is acquired over the State, service of further pleadings may be accomplished by any means articulated in CPLR 2103, including mailing the papers via ordinary mail to the office of the attorney general, as claimant did here (see e.g. Michael v State of New York, Ct Cl, December 7, 2005 (unreported claim no. 111031, motion no. M-70577, Marin, J. UID # 2005-016-075).

Accordingly, defendant's motion M-71141 is denied.




May 3, 2006
Albany, New York

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


Papers Considered:


1. Notice of Motion filed January 9, 2006;

2. Affirmation of Belinda A. Wagner dated January 5, 2006; Exhibits A-C annexed;

3. "Reply" of Edward Nelson sworn to January 25, 2006; Exhibits A-C annexed;

4. Reply Affirmation of Belinda A. Wagner filed January 31, 2006; Exhibit D annexed .