Opinion
# 2011-040-075 Claim No. 116393
12-14-2011
BYAS v. THE STATE OF NEW YORK
Synopsis
Claim dismissed. Not served in accordance with CCA § 11(a). Case information
UID: 2011-040-075 Claimant(s): WALTER BYAS Claimant short name: BYAS Footnote (claimant name) : Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 116393 Motion number(s): Cross-motion number(s): Judge: CHRISTOPHER J. McCARTHY Claimant's attorney: Walter Byas, Pro Se ERIC T. SCHNEIDERMAN Defendant's attorney: Attorney General of the State of New York By: Michael C. Rizzo, Esq., AAG Third-party defendant's attorney: Signature date: December 14, 2011 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
Claimant was an inmate at Franklin Correctional Facility in May 2008. On May 28, 2008, Claimant was escorted to the Special Housing Unit at the facility. On May 29, 2008, Claimant was allowed to view his property that was packed in his absence and all of his property was there. Claimant saw his property again on June 12, 2008, prior to his transfer to Upstate Correctional Facility, and he asserts that certain items of his property were missing.
A trial of this matter was held on December 9, 2011 with the parties at Upstate Correctional Facility in Malone, New York and the Judge at the Court of Claims in Saratoga Springs, New York. At the beginning of the trial, the State made a motion, based upon the fourth defense raised in its Verified Answer to dismiss the Claim on the basis that the Claim was not properly served upon the Attorney General, either personally or by certified mail, return receipt requested, as required by Court of Claims Act § 11(a), and, thus, the Court lacked jurisdiction to hear the Claim. Claimant stated that he served the Claim upon the Defendant by regular, first-class mail, and not as required by the Court of Claims Act.
A bench decision was rendered granting the State's motion to dismiss for the reasons set forth by the Court on the record. The Claim is, therefore, dismissed.
ORDERED that judgment be entered dismissing the claim.
December 14, 2011
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims