|Claimant short name:||FIGUEROA|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||William Figueroa, Pro Se
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, AAG
|Third-party defendant's attorney:|
|Signature date:||September 10, 2009|
|See also (multicaptioned case)|
Defendant moves to dismiss the claim of William Figueroa on the ground that his notice of intention and claim were improperly served by regular mail. In his claim, Mr. Figueroa alleges that on February 2, 2009, he was assaulted by staff members at Sullivan Correctional Facility, and was thereafter denied appropriate medical treatment in an effort to "cover up" the assault.
Claimant, who failed to oppose this motion, does not dispute that he served his notice of intention on defendant by regular mail on May 11, 2009, and that he thereafter served his claim on defendant by regular mail on June 5, 2009. See ¶¶5 and 6 of the June 29, 2009 affirmation of Roberto Barbosa and exhibits A and B thereto. Defendant raised the issue of service by regular mail in the first and second affirmative defenses of its answer.
Section 11.a.(i) of the Act requires that both notices of intention and claims be served by either personal service or service by certified mail, return receipt requested. Regular mail is not an authorized method of service and its use is insufficient to obtain jurisdiction. See e.g. Philippe v State of New York, 248 AD2d 827, 669 NYS2d 759 (3d Dept 1998). Accordingly, the court lacks jurisdiction over claim no. 116965.
In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-76883 be granted and that claim no. 116965 be dismissed.
September 10, 2009
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. The Court reviewed defendant's notice of motion with affirmation in support and exhibits A through C. Claimant submitted no opposition papers.