New York State Court of Claims

New York State Court of Claims

DOTSON v. THE STATE OF NEW YORK, #2009-033-346, Claim No. 116483, Motion No. M-76477


Synopsis



Case Information

UID:
2009-033-346
Claimant(s):
LAWRENCE DOTSON
Claimant short name:
DOTSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
116483
Motion number(s):
M-76477
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Lawrence Dotson, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, New York State Attorney GeneralBy: Belinda A. Wagner, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 16, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for damages to Lawrence Dotson (hereinafter “claimant”) as the result of the alleged negligence by defendant on November 13, 2008, at Eastern Correctional Facility, Napanoch, New York.

Defendant moves the Court for an order dismissing the claim for claimant’s failure to verify the claim[1].


Claimant admits the claim was unverified, but argues it was merely an oversight.

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. It is well settled that if the service and filing are not timely then the claim is subject to dismissal (Greenspan Bros. v State of New York, 122 AD2d 249). Court of Claims Act §11 requires the verification of a claim.

Therefore, the Court grants defendant’s request to dismiss the claim for claimant’s failure to properly verify the claim. As claimant previously served a notice of intention, claimant may serve a new properly verified claim.[2] The Clerk of the Court is directed to close the file.


June 16, 2009
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on defendant’s motion: Notice of Motion dated March 30, 2009 and filed March 30, 2009; Affirmation in Support of Motion to Dismiss of Belinda A. Wagner, Esq. with annexed Exhibits A-B dated March 30, 2009 and filed March 30, 2009; Claimant’s Response to Defendant’s Motion to Dismiss sworn to April 9, 2009 and filed April 15, 2009; Reply Affirmation of Belinda A. Wagner, Esq. dated April 22, 2009 and filed April 22, 2009.
[2].Court of Claims Act §10(3) states that the claim be filed and served or a notice of intention be served within 90 days of the date of accrual. If a notice of intention is served upon the Attorney General’s office then claimant must serve and file his claim within two (2) years of the date the claim accrued.