New York State Court of Claims

New York State Court of Claims

FERREIRA v. THE STATE OF NEW YORK, #2007-015-159, Claim No. 112230, Motion No. M-72554


Synopsis


Claimant's motion to dismiss defendant's affirmative defenses regarding improper service of the notice of intention was granted.

Case Information

UID:
2007-015-159
Claimant(s):
FELIPE FERREIRA
Claimant short name:
FERREIRA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112230
Motion number(s):
M-72554
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Felipe Ferreira, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Frederick H. McGown, III, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 14, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves pro se for an order dismissing the defendant's third and fourth affirmative defenses which assert that the Court lacks subject matter jurisdiction (third affirmative defense) and personal jurisdiction (fourth affirmative defense) due to improper service of the notice of intention to file a claim. Claimant having established that the notice of intention to file a claim was properly served, and there being no opposition thereto, the motion is granted. The Court of Claims Act § 11(a) (i) requires that a notice of intention to file a claim be served upon the Attorney General in the same manner as a claim, which "shall be served upon the attorney general ... either personally or by certified mail, return receipt requested. . . .” Claimant alleged in his claim that he was injured on April 24, 2004 and that a notice of intention to file a claim was served on the Attorney General on May 27, 2004. In support of his motion, claimant submitted the certified mail return receipt which indicates that the Attorney General received the notice of intention on May 27, 2004. Claimant therefore sufficiently established that the notice of intention to file a claim was properly served.

Accordingly, the claimant's motion to dismiss the defendant's third and fourth affirmative defenses in its answer is granted.


March 14, 2007
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 November 2, 2006;
  2. Affidavit of Felipe Ferreira sworn to November 2, 2006;