New York State Court of Claims

New York State Court of Claims

JENKINS v. DEPARTMENT OF CORRECTIONAL SERVICES VIA MOHAWK CORRECTIONAL FACILITY, #2007-042-529, Claim No. 114314, Motion No. M-74131


Synopsis


This motion is brought by defendant to dismiss the claim pursuant to CPLR § 3211 (2), (7) and (8) for lack of personal jurisdiction, lack of subject matter jurisdiction and failure to state a cause of action. The claimant in this matter is the sister of the injured party, and without additional legal status, such as a guardianship, lacks standing to sue on behalf of her brother. Therefore the claim is dismissed on this ground.

Case Information

UID:
2007-042-529
Claimant(s):
MRS. SYLVIA JENKINS & FAMILY
Claimant short name:
JENKINS
Footnote (claimant name) :

Defendant(s):
DEPARTMENT OF CORRECTIONAL SERVICES VIA MOHAWK CORRECTIONAL FACILITY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114314
Motion number(s):
M-74131
Cross-motion number(s):

Judge:
NORMAN I. SIEGEL
Claimant’s attorney:
SYLVIA JENKINS, PRO SE
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General of the State of New York
By: JOEL L. MARMELSTEIN, ESQ.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 18, 2007
City:
Utica
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant brings this motion before the court for an order to dismiss the claim, pursuant to CPLR § 3211 (2), (7) and (8), for lack of personal jurisdiction, lack of subject matter jurisdiction and failure to state a cause of action. The court has considered the following papers:
  1. Notice of Motion, filed October 22, 2007
  2. Affirmation of Joel L. Marmelstein, Esq., dated October 22, 2007
  3. Exhibits A - B, annexed to the moving papers
_____________________________________

This matter comes before the court on defendant’s motion, brought pursuant to CPLR

§ 3211 (2), (7), and (8), seeking to dismiss the claim for lack of personal jurisdiction, lack of subject matter jurisdiction, and failure to state a cause of action. No opposition was submitted to the motion.

The pro se claimant named is “Mrs. Sylvia Jenkins & Family”. However, it appears that claimant Sylvia Jenkins is actually seeking to recover damages on behalf of her brother, John Coleman, who was allegedly injured while incarcerated at the Mohawk Correctional Facility. The incident in issue occurred on April 4, 2007. The claim was verified on October 1, 2007 and was received by the Attorney General on October 4, 2007 and filed with the Clerk of the Court of Claims on October 4, 2007.

Claimant, as a sister of the injured party, and without additional legal status, such as a guardianship, lacks standing to sue on behalf of her brother. Therefore the claim is dismissed on this ground.

Furthermore, in order for the claim to comply with the requirements of Court of Claims Act § 10 (3), either a notice of intention to file a claim or a claim would have to have been served upon the attorney general within ninety days of the date of accrual of the claim. “The notice of claim requirements in Court of Claims Act §§ 10 and 11 are jurisdictional prerequisites to the maintenance of a claim and must be strictly construed” (Phillips v State of New York, 237 AD2d 590). Inasmuch as the claim herein was not served until approximately one hundred eighty-two days after the accrual of the claim, this claim is not timely. Dismissal on this ground is granted.

In light of the foregoing rulings, the claim is dismissed and the court need not reach the other additional grounds raised by defendant for dismissal of the claim.



December 18, 2007
Utica, New York

HON. NORMAN I. SIEGEL
Judge of the Court of Claims