Opinion
# 2015-016-041 Claim No. 125961 Motion No. M-86683
07-13-2015
WILLIE WILLIAMS v. THE STATE OF NEW YORK
Willie Williams, Pro Se No Appearance Eric T. Schneiderman, Attorney General By: Roberto Barbosa, AAG
Synopsis
Case information
| UID: | 2015-016-041 |
| Claimant(s): | WILLIE WILLIAMS |
| Claimant short name: | WILLIAMS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125961 |
| Motion number(s): | M-86683 |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Willie Williams, Pro Se No Appearance |
|---|---|
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Roberto Barbosa, AAG |
| Third-party defendant's attorney: | |
| Signature date: | July 13, 2015 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The defendant State of New York has moved to dismiss the claim of Willie Williams on the ground that he did not procedurally comply with the Court of Claims Act (the "Act"). Mr. Williams' claim had been brought because the water in his cell at Sullivan Correctional Facility was turned off on December 30, 2014 "to recover dangerous contraband" (the Claim, which is defendant's exhibit A to its Affirmation). The lack of water meant that Williams could not wash, flush the toilet or prepare for his religious services.
Clamant alleges in his claim that he served a notice of intention to file a claim on February 10, 2015. Defendant maintains it never received it; in any event, Williams' Affidavit of Service indicates it was sent via regular mail, not by certified mail, return receipt requested, as required by the Act (id.).
Subdivision 3 of section 10 of the Act requires that a claim or notice of intention to file a claim be served within 90 days of the accrual of the cause of action - - in this case, December 30, 2014. If the latter is done properly, it would extend the time for filing a claim until two years from accrual. The claim was served on the Attorney General on April 15, 2015, beyond the 90-day period (and also by regular mail).
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 regular mail.
Failure to serve a claim within 90 days of accrual of the action "constitutes a jurisdictional defect warranting dismissal of the claim (citations omitted)." Davis v State of New York, 89 AD3d 1287 (3d Dept 2011).
Willie Williams' notice of intention to file a claim and his claim were not properly served upon the Attorney General; accordingly, and having reviewed what was submitted, IT IS ORDERED that defendant's motion No. M-86683 is granted, and claim No.125961is dismissed. Mr. Williams may wish to avail himself of section 10.6 of the Act, which provides for application to the Court for permission to file a late claim.
The following were reviewed: from defendant, a Notice of Motion and an Affirmation in Support of Defendant's Motion (with exhibits A and B); no papers in opposition were submitted by claimant.
July 13, 2015
New York, New York
Alan C. Marin
Judge of the Court of Claims