Defendant's motion to dismiss the claim based upon a failure of the claimant to serve his claim upon the Attorney General was granted.
|Claimant(s):||FRANK RIGGINS JR.|
|Claimant short name:||RIGGINS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONAL SERVICES|
|Footnote (defendant name) :|
|Judge:||NICHOLAS V. MIDEY JR.|
|Claimant's attorney:||FRANK RIGGINS JR., Pro Se|
|Defendant's attorney:||HON. ANDREW M. CUOMO
BY: Edward F. McArdle, Esq.,
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||November 10, 2010|
|See also (multicaptioned case)|
Defendant has brought this motion seeking an order dismissing the claim based upon the alleged failure of the claimant to serve his claim upon the Attorney General.
The following papers were considered by the Court in connection with this motion:
Notice of Motion; Affirmation of Edward F. McArdle, Esq., Assistant Attorney General; Affidavit of Janet Barringer, with Exhibits 1-3
As indicated above, defendant has submitted the Affidavit of Janet Barringer, a Senior Clerk in the Albany office of the Attorney General who is familiar with the record keeping system regarding notices of intention to file claims and claims that are received in that office. In her Affidavit, Ms. Barringer states that as of June 10, 2010, based upon her examination of the files in the office of the Attorney General, she found no record that the claim in this matter was ever served on the Attorney General.
The service requirements of § 11 of the Court of Claims Act are jurisdictional in nature, and a party's failure to comply with those requirements deprives the Court of jurisdiction to hear the claim (Dreger v New York State Thruway Auth., 81 NY2d 721; Bogel v State of New York, 175 AD2d 493).
Accordingly, based upon the foregoing, this Court does not have jurisdiction of the claim, and it must be dismissed.
Therefore, it is
ORDERED, that defendant's motion (M-78502) is hereby GRANTED; and it is further
ORDERED, that Claim No. 116911 is hereby DISMISSED.
November 10, 2010
Syracuse, New York
NICHOLAS V. MIDEY JR.
Judge of the Court of Claims