Opinion
# 2016-016-047 Claim No. 125807
08-31-2016
THEODORE F. JOHNSON v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLE
Theodore F. Johnson, Pro se Eric T. Schneiderman, Attorney General By: Suzette Corrine Rivera, AAG
Synopsis
Case information
| UID: | 2016-016-047 |
| Claimant(s): | THEODORE F. JOHNSON |
| Claimant short name: | JOHNSON |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLE |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125807 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Theodore F. Johnson, Pro se |
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Suzette Corrine Rivera, AAG |
| Third-party defendant's attorney: | |
| Signature date: | August 31, 2016 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Theodore Johnson has brought a claim arising from the events following his receipt of a summons for failing to have insurance coverage on February 19, 2009, when he was driving a vehicle involved in an accident in Queens County (Long Island City).
On October 20 of the following year, Mr. Johnson was stopped by the police in Ulster County while en route to Albany. The officer, who is not identified in claimant's pleadings as either a State or local police officer, took Mr. Johnson's keys, driver's license and vehicle registration, and had the car towed to a Kingston service station.
Exhibit D, appended to Mr. Johnson's claim, is a letter from the Department of Motor Vehicles to claimant, dated April 6, 2009, that his license will be suspended for failure to answer the traffic ticket or summons he received on February 19, 2009 (No. AAK0857894). The DMV letter indicated that if he did not answer, Johnson's license would be suspended on April 27, 2009 and a default conviction entered on May 27, 2009.
Mr. Johnson has appended ten exhibits to his claim (exhibits A though J). Nonetheless, it is still somewhat difficult to specifically determine the basis for claimant's lawsuit. In any event, Mr. Johnson has not complied with the requirements of the Court of Claims Act (the "Act") that service be made upon the Attorney General within 90 days of accrual, either in person or by registered mail, return receipt requested.
An application can be made for a late claim pursuant to section 10 (6) of the Act, but in any event, such cannot exceed the time limitations of article 2 of the CPLR, which generally is no more than three years from the date of accrual. --------
On April 16, 2015, the Clerk of the Court wrote claimant that he had not supplied proof of valid service upon the Attorney General. At an on-the-record conference on May 15, 2015, counsel representing the Attorney General affirmed that their office was not served with Mr. Johnson's claim.
The Court of Appeals has stated that "Because suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed . . ." (Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992]). In Dreger, the Court of Appeals upheld the dismissal of two suits in the Court of Claims because the method of service was via regular mail, not by certified mail, return receipt requested as is required by the Act.
In addition, Mr. Johnson's claim was untimely, which "constitutes a jurisdictional defect warranting dismissal of the claim (citations omitted)" (Davis v State of New York, 89 AD3d 1287 [3d Dept 2011]). Finally, disputes with an administrative agency such as the DMV are properly litigated under Article 78 of the CPLR, a remedy not directly within the jurisdiction of the Court of the Claims. * * *
In sum, Theodore F. Johnson's claim is jurisdictionally defective. Therefore, IT IS ORDERED, sua sponte, that claim No. 125807 is dismissed.
August 31, 2016
New York, New York
Alan C. Marin
Judge of the Court of Claims