Opinion
Claim No. 121761 2013-09594.
01-20-2016
Rose COLOMBO, etc., appellant, v. STATE of New York, respondent.
Rose Colombo, Port Jefferson Station, N.Y., appellant pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Won S. Shin and David Lawrence III of counsel), for respondent.
Rose Colombo, Port Jefferson Station, N.Y., appellant pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Won S. Shin and David Lawrence III of counsel), for respondent.
Opinion
In a claim, inter alia, to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Lynch, J.), dated June 24, 2013, which granted the defendant's motion pursuant to CPLR 3211(a) and Court of Claims Act § 10 to dismiss the claim.
ORDERED that the order is affirmed, with costs.
The requirements of Court of Claims Act § 10(3) as to when a notice of claim or claim is to be filed are strictly construed. A failure to comply with those requirements is a jurisdictional defect that compels dismissal of the claim (see Welch v. State of New York, 286 A.D.2d 496, 497–498, 729 N.Y.S.2d 527). Here, the Court of Claims correctly determined that the claim was untimely, and properly granted the defendant's motion to dismiss the claim (see Bennett v. State of New York, 106 A.D.3d 1040, 1040–1041, 966 N.Y.S.2d 479; Prisco v. State of New York, 62 A.D.3d 978, 978, 880 N.Y.S.2d 671).
The parties' remaining contentions need not be addressed in light of our determination.
BALKIN, J.P., DICKERSON, DUFFY and LaSALLE, JJ., concur.