Opinion
365 CA 18–01698
03-20-2020
Glasco WRIGHT, Claimant–Appellant, v. STATE of New York, Defendant–Respondent. (Claim No. 126445.)
GLASCO WRIGHT, CLAIMANT–APPELLANT PRO SE. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (PATRICK A. WOODS OF COUNSEL), FOR DEFENDANT-RESPONDENT.
GLASCO WRIGHT, CLAIMANT–APPELLANT PRO SE.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (PATRICK A. WOODS OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Claimant, a pro se inmate, appeals from an order granting defendant's motion to dismiss the claim. We affirm. Claimant concedes that he served the claim by regular mail. Because he served the claim by regular mail, "the Court of Claims was deprived of subject matter jurisdiction and thus properly dismissed the claim" ( Tuszynski v. State of New York, 156 A.D.3d 1472, 1472–1473, 65 N.Y.S.3d 837 [4th Dept. 2017] ; see generally Court of Claims Act § 11[a] ).