New York State Court of Claims

New York State Court of Claims

HAYES v. THE STATE OF NEW YORK, #2007-015-201, Claim No. 110592, Motion No. M-73134


Synopsis


Claim was dismissed for failure to serve the Attorney General.

Case Information

UID:
2007-015-201
Claimant(s):
HAZIF HAYES
1 1.The caption is amended sua sponte to reflect the only properly named defendant.
Claimant short name:
HAYES
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption is amended sua sponte to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110592
Motion number(s):
M-73134
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Hafiz Hayes, Pro SeNo Appearance
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, EsquireAssistant Attorney General
Third-party defendant’s attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves for dismissal of the instant claim pursuant to CPLR 3211(a) (2) and (8) on the ground that a copy of the claim was not served upon the Attorney General pursuant to Court of Claims Act § § 10 (3) and 11 (a).

Claimant, an inmate proceeding pro se, filed a claim on March 4, 2005 for the loss of personal property occurring on December 21, 2004. Defendant's motion to dismiss the claim is supported by an affidavit from Janet A. Barringer, Senior Clerk in the Albany Office of the Attorney General. Ms. Barringer avers that she searched the electronic and paper files maintained by the Office of the Attorney General and can find no record that this claim was ever served upon the Attorney General.

Court of Claims Act § 10 (3) requires that a claim to recover damages for negligent injury to person or property be served upon the Attorney General. Court of Claims Act § 11(a)(i) provides, in relevant, that a copy of the claim "shall be served upon the attorney general...either personally or by certified mail, return receipt requested...". The requirement that a claim be served upon the Attorney General is jurisdictional in nature and, as such, must be strictly construed (see Finnerty v New York State Thruway Auth., 75 NY2d 721, 722 [1989]; Commack Self-Serv. Kosher Meats v State of New York, 270 AD2d 687 [2000]).

Defendant has established that no claim was served upon the Attorney General as required and a review of the claim reveals no affidavit of service.

There being no opposition to the defendant's motion, the claim is dismissed.


June 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 March 28, 2007;
  2. Affirmation of Paul F. Cagino dated March 28, 2007, with exhibit;
  3. Affidavit of Janet A. Barringer sworn to March 28, 2007 with exhibits.