New York State Court of Claims

New York State Court of Claims

EPPS v. STATE OF NEW YORK DEPT OF CORRECTIONS, #2009-038-512, Claim No. 115377, Motion No. M-75707


Synopsis


Defendant’s motion to dismiss granted. Claim was not served upon Attorney General.

Case Information

UID:
2009-038-512
Claimant(s):
ALIM EPPS a/k/a ALIM ABDUL-KHALIQ
Claimant short name:
EPPS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115377
Motion number(s):
M-75707
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
ALIM EPPS, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Michael T. Krenrich, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
February 4, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was filed on June 12, 2008. Defendant did not file an answer to the claim, and by motion filed October 21, 2008, defendant moves to dismiss the claim on jurisdictional grounds. Claimant has not responded to the motion, which was served upon claimant at his last known address. Court of Claims Act sections 10 and 11 (a) require that claimant serve a copy of the claim upon the Attorney General within 90 days of the date of accrual of the claim. The filing and service requirements of the Court of Claims Act are jurisdictional and must be strictly construed (see Finnerty v New York State Thruway Auth., 75 NY2d 721, 722-723 [1989]). The failure to comply with those requirements is a defect that deprives the Court of jurisdiction and requires dismissal of the claim (see id.; Suarez v State of New York, 193 AD2d 1037 [3d Dept 1993]; Flynn v New York State Police, et al., UID # 2007-038-550, Claim No. 112188, Motion No. M-71870, DeBow, J. [May 17, 2007]).

The affidavit in support of defendant’s motion of Janet A. Barringer, sworn to October 17, 2008, demonstrates that claimant did not serve the claim on the Attorney General. Accordingly, the Court lacks jurisdiction over the claim, and it is

ORDERED, that Motion No. M-75707 is GRANTED and Claim No. 115377 is DISMISSED.

February 4, 2009
Albany, New York

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


Papers considered:


(1) Claim No. 115377, filed June 12, 2008;

(2) Notice of Motion, dated October 20, 2008;

(3) Affirmation of Michael T. Krenrich, AAG, dated October 20, 2008;

(4) Affidavit of Janet A. Barringer, sworn to October 17, 2008, with Exhibits A-B;

(5) Affidavit of Service of Ayla O’Donnell, sworn to October 20, 2008.