New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2008-010-029, Claim No. 113227


Synopsis


Claim dismissed, jurisdictionally defective.

Case Information

UID:
2008-010-029
Claimant(s):
RAYMOND DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113227
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
RAYMOND DAVISPro Se
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 11, 2008
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant seeks damages for injuries he sustained on September 14, 2006 during his incarceration at Sing Sing Correctional Facility (Sing Sing).


At the trial of this claim, defendant moved to dismiss for lack of jurisdiction based upon claimant’s failure to properly serve his claim in accordance with the mandates of the Court of Claims Act. Specifically, Court of Claims Act § 11(a) provides that the claim shall be served upon the attorney general either personally or by certified mail, return receipt requested. In this matter, claimant served the notice of intention by certified mail, return receipt requested; however the claim was served by regular mail.

The requirements of §11 of the Court of Claims Act are to be strictly construed and failure to comply with the service provisions is a jurisdictional defect compelling the dismissal of the claim (see Kolnacki v State of New York, 8 NY3d 277, 281 [“(t)he failure to satisfy any of the (statutory) conditions is a jurisdictional defect”]; Welch v State of New York, 286 AD2d 496, 497-98).

Accordingly, defendant’s motion to dismiss is hereby GRANTED (CPLR 3211[a][2] and [a][7]) and Claim No. 113227 is dismissed.

LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 113227.


August 11, 2008
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims