New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2008-045-007, Claim No. 114441, Motion No. M-74260


Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant’s attorney:
Constantinee L. Jackson, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 31, 2008

Official citation:

Appellate results:

See also (multicaptioned case)


The following papers were read and considered by the Court on this motion: Defendant’s Notice of Motion, Defendant’s Affirmation with annexed Exhibit A, Claimant’s “Notice of Motion for Calendered of Argument,” Claimant’s “Affirmation in Support of Notice of Motion for Calendered of Argument” and the filed Claim. Defendant, the State of New York, has brought this motion seeking an order dismissing the claim pursuant to Court of Claims Act (CCA) § 10(3).

Claimant, Constantinee L. Jackson, a pro se inmate, alleges in the filed claim that on January 27, 2007, he was given the wrong medicine by a nurse at the Southport Correctional Facility. Claimant seems to also contend that his medical needs were not properly attended to during a portion of his incarceration from March 20, 2006 through May 29, 2006. Claimant served his claim on the Attorney General’s Office on July 16, 2007 and filed the claim with the Chief Clerk of the Court of Claims on November 1, 2007.

Defendant seeks dismissal of the filed claim since it was not timely served upon defendant nor timely filed with the Court. In response, claimant filed a request for oral argument of the motion. The Court then mailed a letter to claimant dated December 19, 2007 informing him that his request for oral argument was denied and that the motion would be decided on the papers properly filed and served prior to the motion return date. Thereafter, claimant submitted no further papers on this motion.

CCA § 10(3) provides that:

“[a] claim to recover damages for injuries to property or for personal injuries caused by the negligence or unintentional tort of an officer or employee of the state while acting as such officer or employee, shall be filed and served upon the attorney general within ninety days after the accrual of such claim, unless the claimant shall within such time serve upon the attorney general a written notice of intention to file a claim therefor, in which event the claim shall be filed and served upon the attorney general within two years after the accrual of such claim.”

The Court of Appeals has long held that “[b]ecause suits against the State are allowed only by the State’s waiver of sovereign immunity and in derogation of the common law statutory requirements conditioning suit must be strictly construed” (Dreger v New York State Thruway Authority, 81 NY2d 721, 724 [1992]). Accordingly, claimants who have not met the service requirements of the Court of Claims Act have not properly commenced their actions (Lichtenstein v State of New York, 93 NY2d 911 [1999]). The Court finds, without contradiction, that claimant failed to serve and file his claim in a timely manner as required by CCA § 10(3). Consequently, this Court has no jurisdiction over the filed claim.

Therefore, for the foregoing reasons, defendant’s motion to dismiss the claim numbered 114441 is granted.

January 31, 2008
Hauppauge, New York

Judge of the Court of Claims