New York State Court of Claims

New York State Court of Claims

JEFFERSON v. THE STATE OF NEW YORK, #2009-038-520, Claim No. 109282, Motion No. M-76232


Synopsis



Case Information

UID:
2009-038-520
Claimant(s):
JOHN JEFFERSON
Claimant short name:
JEFFERSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109282
Motion number(s):
M-76232
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
JOHN JEFFERSON, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 3, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim alleges negligent bailment and seeks compensation for personal property that was allegedly lost during claimant’s incarceration in a State correctional facility. The claim was filed on April 30, 2004. The trial of the claim was scheduled to be conducted on March 25, 2009. Upon notice thereof, defendant moved to dismiss the claim for lack of jurisdiction on the ground that the claim was never served on the Attorney General. Claimant has not submitted opposition to the motion. As pertinent here, Court of Claims Act § 11 (a) and Court of Claims Act § 10 (9) together require that claimant serve a copy of the claim upon the Attorney General within 120 days after the date on which claimant exhausted his personal property claims administrative remedy established by the Department of Correctional Services. 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]; see also Matter of Dreger v New York State Thruway Auth., 177 AD2d 762 [3d Dept 1991], affd 81 NY2d 721 [1992]). The failure to comply with those requirements is a defect that deprives the Court of jurisdiction and requires dismissal of the claim (see Finnerty, supra; Martinez v State of New York, 282 AD2d 580 [2d Dept 2001], lv denied 96 NY2d 720 [2001]; Matter of McCullough v State of New York, 3 AD3d 749 [3d Dept 2004]; James v State of New York, UID # 2008-018-632, Claim No. 115004, Motion No. M-74888, Fitzpatrick, J. [Aug. 26, 2008]).

The affidavit of Lenore Perrott, submitted in support of defendant’s motion to dismiss, demonstrates that the claim was not served on the Attorney General,. Accordingly, the Court lacks jurisdiction over the claim, and it is

ORDERED, that Claim No. 109282 is DISMISSED.


March 3, 2009
Albany, New York

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


Papers considered
:


(1) Claim No. 109282, filed April 30, 2004;

(2) Notice of Motion to Dismiss, dated February 9, 2009;

(3) Affirmation in Support of Paul F. Cagino, AAG, dated February 9, 2009;

(4) Affidavit of Lenore Perrott, sworn to February 5, 2009, with exhibits A-B;

(5) Affidavit of Service of Debra L. Damon-Rounds, sworn to February 9, 2009.