New York State Court of Claims

New York State Court of Claims

MUNDERVILLE v. THE STATE OF NEW YORK, #2007-016-026, Claim No. 107433


Synopsis



Case Information

UID:
2007-016-026
Claimant(s):
P. MUNDERVILLE
1 1.The caption has been amended to reflect that the sole proper defendant is the State of New York.
Claimant short name:
MUNDERVILLE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended to reflect that the sole proper defendant is the State of New York.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107433
Motion number(s):

Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
P. Munderville, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Joseph Romani, Esq., AAG
Third-party defendant’s attorney:

Signature date:
July 5, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This decision follows the trial of the claim of P. Munderville, who testified that items of his personal property, specifically, tee shirts and sneakers, were lost at Sullivan Correctional Facility.

Rather than address the merits of this claim, a more fundamental issue must be addressed, i.e., that Mr. Munderville failed to dispute defendant’s assertion that it was never served with this claim. Pursuant to §10.3 of the Court of Claims Act, claimant was required to serve the State within 90 days of the March 4, 2003 accrual date, which he failed to do.

“It is well established that compliance with sections 10 and 11 of the Court of Claims Act pertaining to the timeliness of filing and service requirements respecting claims and notices of intention to file claims constitutes a jurisdictional prerequisite to the institution and maintenance of a claim against the State, and accordingly, must be strictly construed . . .” Byrne v State of New York, 104 AD2d 782, 783, 480 NYS2d 225, 227 (2d Dept 1984), lv denied, 64 NY2d 607, 488 NYS2d 1023 (1985) (citations omitted). See also Mallory v State of New York, 196 AD2d 925, 601 NYS2d 972 (3d Dept 1993).

In sum, this Court lacks jurisdiction over claim no. 107433 and accordingly, it is dismissed. Let judgment be entered accordingly.



July 5, 2007
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims