Opinion
2017-12646
12-12-2018
Ilyas CHAUDRY, Appellant, v. STATE of New York, Respondent. (Claim No. 123932)
Gary Weinberg, P.C., Brooklyn, NY, for appellant. Galvano & Xanthakis, P.C., Staten Island, N.Y. (Anthony Xanthakis of counsel), for respondent.
Gary Weinberg, P.C., Brooklyn, NY, for appellant.
Galvano & Xanthakis, P.C., Staten Island, N.Y. (Anthony Xanthakis of counsel), for respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, JEFFREY A. COHEN, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
There is no dispute that the claimant failed to timely serve his claim upon the Attorney General as required by Court of Claims Act § 10(3) and that his cross motion for leave to serve a late claim upon the Attorney General was not made within the three-year statute of limitations as required by Court of Claims Act § 10(6).
The timeliness of the service and filing requirements of Court of Claims Act § 10 are to be strictly construed and are jurisdictional in nature, thereby divesting the Court of Claims of jurisdiction if the service and filing requirements are not met (see Bergmann v. State of New York, 281 A.D.2d 731, 733, 722 N.Y.S.2d 82 ; Mallory v. State of New York, 196 A.D.2d 925, 926, 601 N.Y.S.2d 972 ; Berger v. State of New York, 171 A.D.2d 713, 716, 567 N.Y.S.2d 275 ; Byrne v. State of New York, 104 A.D.2d 782, 783, 480 N.Y.S.2d 225 ). Further, where the time within which to make an application has expired, the Court of Claims has no discretion to grant relief nunc pro tunc (see Byrne v. State of New York, 104 A.D.2d at 783, 480 N.Y.S.2d 225 ). Accordingly, we agree with the Court of Claims' determination to grant the defendant's motion for summary judgment dismissing the claim and to deny the claimant's cross motion for leave to serve a late claim upon the Attorney General.
RIVERA, J.P., DILLON, COHEN and IANNACCI, JJ., concur.