Opinion
# 2015-032-007 Claim No. 123925-A Motion No. M-85599
02-23-2015
KELEIK WATERS v. THE STATE OF NEW YORK
Keleik Waters, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Paul F. Cagino, Assistant Attorney General, Of Counsel
Synopsis
Case information
| UID: | 2015-032-007 |
| Claimant(s): | KELEIK WATERS |
| Claimant short name: | WATERS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123925-A |
| Motion number(s): | M-85599 |
| Cross-motion number(s): | |
| Judge: | JUDITH A. HARD |
| Claimant's attorney: | Keleik Waters, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Paul F. Cagino, Assistant Attorney General, Of Counsel |
| Third-party defendant's attorney: | |
| Signature date: | February 23, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
By Order to Show Cause, dated September 2, 2014, the Court noted that claimant may have failed to comply with the service requirements of Court of Claims Act § 11, and directed the parties to submit to the Court, in writing, a statement relating to service of this claim on or before November 3, 2014. A copy of the Order to Show Cause was delivered to the Attorney General and mailed to claimant at his last known address on September 3, 2014.
In response to said Order to Show Cause, the Court received the affidavit of Janet Barringer, Senior Clerk in the Albany Office of the Attorney General of the State of New York. In her affidavit, Ms. Barringer states that based upon her review of the paper and electronic files in the Office of the Attorney General of the State of New York, Claims Bureau, she has found no record that the subject claim was ever served upon the Attorney General. No response to the Order to Show Cause has been received from claimant.
Court of Claims Act § 11 (a) (i) provides that a copy of the claim shall be served upon the Attorney General either personally or by certified mail, return receipt requested, within the times provided for filing with the Clerk of the Court. The filing and service requirements set forth in the Court of Claims Act are jurisdictional in nature and therefore must be strictly construed (see Finnerty v New York State Thruway Auth., 75 NY2d 721 [1989]).
Based upon claimant's failure to properly serve his claim upon defendant, the Court lacks jurisdiction over the same. Accordingly, Claim No. 123925-A must be, and hereby is, dismissed.
February 23, 2015
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims
Papers Considered:
Order to Show Cause of Hon. Judith A. Hard, J.C.C., filed September 2, 2014; and
Affidavit of Janet Barringer, sworn to October 24, 2014.
Papers Filed: Claim, filed on February 13, 2014; and Order of Hon. Richard E. Sise, Acting Presiding Judge, filed May 9, 2014.