This is a claim of John M. Walker (hereinafter “claimant”) for the
loss of property while claimant was being transferred from Ulster Correctional
Facility to Wyoming Correctional Facility. The loss of property occurred on July
The State of New York (hereinafter “defendant”) seeks to dismiss
based on two arguments. First,
defendant argues the claim was served by regular mail. The second argument is
that the claim is precluded because claimant accepted a settlement from the
Claimant submits no opposition to defendant’s motion.
Defendant argues that claimant failed to properly serve the claim on the
Attorney General’s Office. Court of Claims Act § 11(a) states that
a copy of the claim “upon the attorney general within the times
hereinbefore provided for filing with the clerk of the court either personally
or by certified mail, return receipt requested, or, where authorized by rule of
the chief administrator of the courts and upon consent of the attorney general,
by facsimile transmission or electronic means, as defined in subdivision (f) of
rule twenty-one hundred three of the civil practice law and rules, in such
manner as may be provided by rule of court.”
Defendant submits claimant’s affidavit of service with its papers as an
exhibit (defendant’s Exhibit A). The affidavit indicates that the claim
was mailed to the Attorney General’s Office by regular mail.
The requirements of the Court of Claims Act are jurisdictional in nature and
must be strictly construed (Lurie v State of New York, 73 AD2d 1006,
aff’d 52 NY2d 849). The purpose of these requirements is to give
the State prompt notice of an occurrence and an opportunity to investigate the
facts and prepare a defense. The requirement of personal service or service by
certified mail, return receipt requested cannot be satisfied by alternate means
of mailing. Hodge v State of New York, 213 AD2d 766.
In addition, defendant does submit proof that claimant accepted the sum of
$2.00 to settle his lost property claim from the Correctional Facility
(defendant’s Exhibit D).
Based upon the foregoing, and without opposition, defendant’s motion to
dismiss the claim is granted. The Clerk of the Court is directed to close the