New York State Court of Claims

New York State Court of Claims

GREEN v. STATE OF NEW YORK, #2008-039-081, Claim No. 107770-C, Motion No. M-74551


Synopsis


Defendant’s unopposed motion for an order dismissing the claim is granted. Defendant offered sufficient proof in support of its motion to establish that the claim was not served upon the Attorney General pursuant to Court of Claims Act § 11 (a) (I)

Case Information

UID:
2008-039-081
Claimant(s):
TRUDELL GREEN 03-A-0194
Claimant short name:
GREEN
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK1 1.The Court has, sua sponte, amended the caption to reflect the State of New York as the only proper Defendant.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107770-C
Motion number(s):
M-74551
Cross-motion number(s):

Judge:
James H. Ferreira
Claimant’s attorney:
Trudell Green
Defendant’s attorney:
Hon. Andrew M. Cuomo
Attorney General of the State of New York
By: Paul F. CaginoAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 16, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

Claimant Trudell Green filed a claim with the Clerk of the Court of Claims on May 21, 2003. Defendant now moves the Court for an order dismissing the claim on the ground that the Court lacks jurisdiction pursuant to Court of Claims Act §§ 10 (3) and 11 (a) and CPLR 3211 (a) (2) and (8) because claimant failed to serve the Attorney General with a copy of the claim. The motion was made returnable on March 5, 2008. The Court has not received any papers from claimant in opposition to the motion.

Court of Claims Act § 11 (a) (i) provides, in relevant part, that “[t]he claim shall be filed with the clerk of the court . . . and . . . a copy shall be served 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.” “The Court of Appeals has noted in interpreting the above provision that ‘statutory requirements conditioning suit must be strictly construed’ ” (Rodriguez v State of New York, 307 AD2d 657 [2003], quoting Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992]).

In support of its motion, defendant offers the affidavit of Janet A. Barringer, Senior Clerk with the Attorney General of the State of New York. Barringer attests that she is familiar with the record keeping system of the Litigation Bureau/Claims Practice Group of the Attorney General’s Office regarding the filing and service of claims. She further attests that, following a thorough search of the records of the Attorney General’s Office, she determined that a copy of the claim was not served on the Attorney General. Additionally, on February 13, 2008 defendant served a copy of its motion on claimant, as evidenced by the affidavit of service which is annexed to the motion papers.
The Court finds that defendant has offered sufficient proof in support of its motion to establish that the claim was not served upon the Attorney General. Claimant has not offered any proof in opposition to the motion and, accordingly, the Court is compelled to find that it lacks jurisdiction pursuant to Court of Claims Act § 11 (a) (i).

Accordingly, it is hereby ordered that M-74551 is granted and the claim is dismissed.


May 16, 2008
Albany, New York

HON. JAMES H. FERREIRA
Judge of the Court of Claims


Papers Considered
:
  1. Notice of Motion to Dismiss dated February 12, 2008; and
  2. Affirmation in Support of Motion to Dismiss dated on February 12, 2008 with exhibits.