Opinion
# 2011-049-009 Claim No. 114551 Motion No. M-80058
09-07-2011
MATTHEW WILLIAMS v. STATE OF NEW YORK
Synopsis Case information
UID: 2011-049-009 Claimant(s): MATTHEW WILLIAMS Claimant short name: WILLIAMS Footnote (claimant name) : Defendant(s): STATE OF NEW YORK Footnote (defendant name) The caption has been amended sua sponte to reflect : the proper defendant. Third-party claimant(s): Third-party defendant(s): Claim number(s): 114551 Motion number(s): M-80058 Cross-motion number(s): Judge: DAVID A. WEINSTEIN Matthew Williams, Pro Se Claimant's attorney: By: No Appearance Eric T. Schneiderman, NYS Attorney General Defendant's attorney: By: John M. Hunter, Assistant Attorney General Third-party defendant's attorney: Signature date: September 7, 2011 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
The claim at issue was filed on November 30, 2007, and makes the allegation that claimant did not receive payment for work he performed as a suicide prevention aide while detained at Rikers Island. The Court's records reflect that claimant filed an affidavit of service indicating that an "Application for Claim" was served upon "the Attorney General . . . by depositing the same enclosed in a post paid (Regular mail/Certified Mail Return Receipt) . . . ." The Court's records further reflect that defendant has not filed an answer.
By Order to Show Cause filed July 7, 2011, the Court directed claimant to show cause why this claim should not be dismissed for failure to comply with the service requirements of Court of Claims Act § 11(a), and directed the Attorney General to submit an affidavit from someone with personal knowledge of the contents of the files and records of the Department of Law regarding whether the Attorney General had been served with this claim, and if the Attorney General chose, to make any other submissions regarding the jurisdiction of the Court to hear the claim.
Claimant failed to respond to the Order to Show Cause. The Attorney General submitted the affidavit of Tasha Hunter-Tabron, a clerk in the Attorney General's Claims Bureau, and the affirmation of Assistant Attorney General John M. Hunter. The former states that Ms. Hunter-Tabron conducted a "thorough search" of the Attorney General's computer filing system, and found no record of this claim being served. The latter states that, in the absence of any evidence of service, the claim should be dismissed.
It is well settled that compliance with the service requirements of the statute is a jurisdictional prerequisite for bringing suit in this Court (see Finnerty v New York State Thruway Auth., 75 NY2d 721 [1989]). The burden of proving proper service by a preponderance of the evidence is on the claimant (see Boudreau v Ivanov, 154 AD2d 638, 639 [2d Dept 1989]; Woods v State of New York, UID No. 2011-013-001, Claim No. 118949, Motion No. M-79005, Patti, J. [Jan. 6, 2011]; Carchipulla v State of New York, UID No. 2009-030-512, Claim No. 115742, Motion No. M-76097, Scuccimarra, J. [Feb. 27, 2009]; Gagne v State of New York, UID No. 2006-044-005, Claim No. 109626, Schaewe, J. [Dec. 19, 2006]). The affidavit of service presented in this case, even if it could be read to aver that service had been made in compliance with section 11(a), has now been rebutted by the sworn denial set forth in the Attorney General's submission (see Matter of Griffin v Griffin, 215 AD2d 386, 386 [2d Dept 1995]; White v State of New York, UID No. 2009-039-140, Claim No. 114243, Motion No. M-76771, Ferreira, J. [Aug. 28, 2009]). Given claimant's failure to respond to the Order to Show Cause, the record does not show that proper service under the statute was effectuated.
Finally, I note that Rikers Island is a facility owned and operated by the Department of Corrections of the City of New York, not the State of New York. The Court of Claims does not have jurisdiction over the City of New York, and thus, may not hear claims of alleged wrongdoing arising at Rikers Island (Torres v State of New York, UID No. 2001-001-036, Claim No. 95365, Motion No. M-63437, Read, J. [June 29, 2001]; Green v Captain Stinger, et al., UID No. 2000-016-052, Claim Nos. 102419, 102420, Motion No. M-61863, Marin, J. [July 26, 2000]).
Accordingly, it is
ORDERED that claim no. 114551 be dismissed.
September 7, 2011
Albany, New York
DAVID A. WEINSTEIN
Judge of the Court of Claims