New York State Court of Claims

New York State Court of Claims

DAWSON v. THE STATE OF NEW YORK, #2007-016-059, Claim No. 113766, Motion No. M-74063


Synopsis


Claim was dismissed for lack of service.

Case Information

UID:
2007-016-059
Claimant(s):
HENRY DAWSON
Claimant short name:
DAWSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113766
Motion number(s):
M-74063
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Henry Dawson, Pro SeNo appearance
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralNo appearance
Third-party defendant’s attorney:

Signature date:
December 12, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was filed on May 29, 2007. No affidavit of service on the Office of the Attorney General of the State of New York is contained in the Court’s file, nor is an answer contained in such file. In the underlying claim, it is alleged that Henry Dawson was “held within the correctional system, under [an] incorrect sentence.” By Order to Show Cause returnable November 21, 2007 and denominated as motion no. M-74063, claimant was directed to show cause why this claim should not be dismissed on the ground that he failed to comply with the service requirements of section 11 of the Court of Claims Act. Claimant, who did not respond to the Order to Show Cause, did not dispute that he failed to effect service.

“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. 113766 and accordingly, IT IS ORDERED that such claim be dismissed.


December 12, 2007
New York, New York

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