New York State Court of Claims

New York State Court of Claims

RAMIREZ v. THE STATE OF NEW YORK, #2008-038-592, Claim No. 114319, Motion No. M-74546


Synopsis


Claim dismissed on Court’s own motion. Claim not served on Attorney General.

Case Information

UID:
2008-038-592
Claimant(s):
CARLOS RAMIREZ
Claimant short name:
RAMIREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114319
Motion number(s):
M-74546
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
CARLOS RAMIREZ, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 1, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim for damages allegedly accrued during claimant’s incarceration at Clinton Correctional Facility. It seeks damages flowing from defendant’s alleged negligence in dispensing eyeglasses. The claim was filed with the Clerk of the Court on October 5, 2007. Issue was never joined, and although the claim was accompanied by an affidavit of service of a Notice of Intention to File a Claim, proof of service of the claim upon the Attorney General was not filed with the Clerk of the Court (see 22 NYCRR § 206.5 [a]). On its own motion, the Court issued an Order to Show Cause, filed February 19, 2008, directing claimant to demonstrate why the claim should not be dismissed for lack of jurisdiction for failure to comply with the service requirements of Court of Claims Act § 11. Claimant has not responsed to the Order to Show Cause, and defendant’s submission demonstrates that the claim was not, in fact, served upon defendant. Thus, the claim is jurisdictionally defective, and must be dismissed (see Finnerty v New York State Thruway Auth., 75 NY2d 721, 722-723 [1989]; Cudjoe v State of New York, 4 AD3d 322, 323 [2d Dept 2004]; Pagano v New York State Thruway Auth., 235 AD2d 408 [2d Dept 1997], lv denied 90 NY2d 804 [1997]). Accordingly, it is

ORDERED, that claim number 114319 is DISMISSED.



April 1, 2008
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered
:


(1) Claim Number 114319, filed October 5, 2007;

(2) Affidavit of Service of Carlos Ramirez, sworn to September 27, 2007;

(3) Order to Show Cause, filed February 19, 2008;

(4) Proof of Service of Order to Show Cause, dated February 20, 2008;

(5) Defendant’s Reply to Order to Show Cause, dated February 22, 2008;

(6) Affidavit of Janet A. Barringer, sworn to February 21, 2007 [sic] with exhibits A-C.