Opinion
# 2015-010-003 Claim No. 125164 Motion No. M-86011
01-29-2015
SABBATH I. SIMMONS v. THE STATE OF NEW YORK
SABBATH I. SIMMONS Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Rebecca Kramer, Assistant Attorney General
Synopsis
Motion to dismiss granted, improper service by regular mail.
Case information
UID: | 2015-010-003 |
Claimant(s): | SABBATH I. SIMMONS |
Claimant short name: | SIMMONS |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 125164 |
Motion number(s): | M-86011 |
Cross-motion number(s): | |
Judge: | Terry Jane Ruderman |
Claimant's attorney: | SABBATH I. SIMMONS Pro Se |
Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Rebecca Kramer, Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | January 29, 2015 |
City: | White Plains |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Defendant's Supporting Affirmation and Exhibits
Defendant moves to dismiss Claim No. 125164 on numerous grounds including the failure to properly serve the claim in accordance with the requirements of the Court of Claims Act. Specifically, the claim was served by regular mail and not certified mail, return receipt requested or by personal service (Ex. A; see Court of Claims Act § 11 [a] [i]).
The service requirements set forth in Court of Claims Act § 11 are jurisdictional in nature and require strict compliance as a precondition of suit against the State (see Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992]). A failure to comply with any of the service provisions is a jurisdictional defect compelling the dismissal of the claim (see Kolnacki v State of New York, 8 NY3d 277, 281 [2007] ["(t)he failure to satisfy any of the (statutory) conditions is a jurisdictional defect"]; Welch v State of New York, 286 AD2d 496, 497-98 [2d Dept 2001]). Here, the claim was improperly served upon defendant by regular mail (see Brown v State of New York, 114 AD3d 632 [2d Dept 2014] [service of claim by ordinary mail was insufficient to acquire jurisdiction over the State]).
Accordingly, defendant's unopposed motion to dismiss is hereby GRANTED.
January 29, 2015
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims