Opinion
# 2015-050-019 Claim No. 125137 Motion No. M-86479
05-12-2015
LUTHER BOOKER v. THE STATE OF NEW YORK
Luther Booker, Pro Se No Appearance Hon. Eric T. Schneiderman, NYS Attorney General By: Kimberly A. Kinirons, Assistant Attorney General
Synopsis
The motion by defendant to dismiss the instant claim is granted because claim is deficient pursuant to Court of Claims Act sections 11 ( a)(i) and 11 (b).
Case information
| UID: | 2015-050-019 |
| Claimant(s): | LUTHER BOOKER |
| Claimant short name: | BOOKER |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption has been amended sua sponte to reflect the only proper defendant, the State of New York. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125137 |
| Motion number(s): | M-86479 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Luther Booker, Pro Se No Appearance |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Kimberly A. Kinirons, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 12, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The defendant moves to dismiss the instant claim. The motion is unopposed.
The claim in this case is deficient under Court of Claims Act (CCA) § 11 (b) in that claimant failed to adequately state the time when and place where such claim arose and the nature of same (see Lepkowski v State of New York, 1 NY3d 201 [2003]; Robin BB. v State of New York, 56 AD3d 932 [3d Dept 2008]). Furthermore, the claim was not served in accordance with CCA § 11 (a) (i) which requires it to be served personally or by certified mail, return receipt requested (see Finnerty v New York State Thruway Auth., 75 NY2d 721 [1989]). For these reasons, the motion is granted and the claim is dismissed.
May 12, 2015
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims The following papers were read and considered by the Court on the defendant's motion to dismiss the instant claim: 1. Notice of Motion, Affirmation in Support with Exhibit A.