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Bogel v. State

Appellate Division of the Supreme Court of New York, Third Department
Jul 25, 1991
175 A.D.2d 493 (N.Y. App. Div. 1991)

Opinion

July 25, 1991

Appeal from the Court of Claims (Orlando, J.).


Claimant is an inmate at a State correctional facility. He has filed four claims against the State seeking damages for personal injuries and loss of property. All four claims were filed with the Clerk of the Court of Claims and were served upon the Attorney-General by regular mail. The State successfully moved to dismiss each of the four claims for improper service and these appeals ensued.

The sole issue before us is whether service by regular mail is sufficient under Court of Claims Act § 11 (a), which provides, in pertinent part, that "[t]he claim * * * shall be filed with the clerk of the court; and * * * a copy shall be served * * * by certified mail, return receipt requested, upon the attorney general" (emphasis supplied). Service of the claims upon the Attorney-General by ordinary mail was insufficient to acquire jurisdiction over the State and they were, therefore, properly dismissed (cf., Baggett v State of New York, 124 A.D.2d 969, 970).

Casey, J.P., Mikoll, Yesawich Jr. and Levine, JJ., concur. Ordered that the orders are affirmed, without costs.


Summaries of

Bogel v. State

Appellate Division of the Supreme Court of New York, Third Department
Jul 25, 1991
175 A.D.2d 493 (N.Y. App. Div. 1991)
Case details for

Bogel v. State

Case Details

Full title:GARY E. BOGEL, Appellant, v. STATE OF NEW YORK, Respondent. (And Three…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 25, 1991

Citations

175 A.D.2d 493 (N.Y. App. Div. 1991)
572 N.Y.S.2d 949

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