New York State Court of Claims

New York State Court of Claims

GARCIA v. THE STATE OF NEW YORK, #2006-032-055, Claim No. 109406, Motion No. M-71486


Synopsis



Case Information

UID:
2006-032-055
Claimant(s):
FELIX GARCIA
1 1.The caption of this action has been amended by the Court, sua sponte, to indicate that the State of New York is the only properly named defendant.
Claimant short name:
GARCIA
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of this action has been amended by the Court, sua sponte, to indicate that the State of New York is the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109406
Motion number(s):
M-71486
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Felix Garcia, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Kathleen M. Arnold, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
June 26, 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 fails to appear and oppose this relief.


In May 2004, claimant filed this bailment action alleging that on July 14, 2003, during a transfer from Lyon Mountain Correctional Facility to Upstate Correctional Facility, defendant lost certain personal property belonging to him. Claimant thereafter served defendant with the claim. In support of its motion, defendant submits a copy of the envelope in which it received the claim. The envelope indicates that it was received via regular mail.

It is well settled that a claim must be served upon the Attorney General through either personal service or certified mail, return receipt requested (Court of Claims Act § 11 [a]). The envelope mailed by claimant does not reflect service by certified mail, return receipt requested. As such, the 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-71486 is granted and the claim is dismissed




June 26, 2006
Albany, New York

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


Papers Considered:


1.Notice of Motion filed March 29, 2006;

2. Affirmation of Kathleen M. Arnold dated March 29, 2006; Exhibits A-B annexed.