Opinion
# 2020-053-515 Claim No. 129915 Motion No. M-94952
05-12-2020
TRAVON WILLIAMS v. THE STATE OF NEW YORK
TRAVON WILLIAMS, Pro Se HON. LETITIA JAMES New York State Attorney General BY: Wendy E. Morcio, Esq. Assistant Attorney General
Synopsis
By Order to Show Cause, the Court ordered the parties to submit statements regarding service of the claim by this pro se claimant. Claimant failed to respond and the State submitted proof to establish that the claim had not been served upon the Attorney General's Office and no affidavit of service was attached to the claim. The claim is dismissed.
Case information
| UID: | 2020-053-515 |
| Claimant(s): | TRAVON 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): | 129915 |
| Motion number(s): | M-94952 |
| Cross-motion number(s): | |
| Judge: | J. DAVID SAMPSON |
| Claimant's attorney: | TRAVON WILLIAMS, Pro Se |
| Defendant's attorney: | HON. LETITIA JAMES New York State Attorney General BY: Wendy E. Morcio, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 12, 2020 |
| City: | Buffalo |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant Travon Williams, a former inmate proceeding pro se, alleges in claim no. 129915 that he sustained injuries when he fell on an icy walkway while incarcerated at Gowanda Correctional Facility (Gowanda). No answer to the claim was filed raising questions regarding service of the claim upon the Attorney General. By Order to Show Cause (OTSC) filed November 26, 2019, this Court ordered the parties to submit statements regarding the service of claim no. 129915 on the Attorney General in compliance with Court of Claims Act §§ 10 and 11. Claimant failed to respond to the Court's OTSC.
Claim no. 129915 was transferred to my calendar by Order of the Hon. Richard E. Sise, Acting Presiding Judge, filed October 31, 2019.
The Court's OTSC was adjourned twice to give claimant time to submit an affidavit regarding service of the claim. --------
In order to commence an action against the State of New York in the Court of Claims, a claim must be filed and a copy served upon the Attorney General personally or by certified mail, return receipt requested, within ninety (90) days of accrual of the claim, unless within the same time period, a notice of intention to file a claim is served personally or by certified mail, return receipt requested, in which event the claim must be filed and served within two (2) years of accrual of the claim (Court of Claims Act §§ 10 [3]and 11 [a] [i]). The filing and service requirements of the Court of Claims Act are jurisdictional in nature and must be strictly construed (Finnerty v New York State Thruway Auth., 75 NY2d 721 [1989]). The failure to comply with the service requirements of the Court of Claims Act deprives the Court of jurisdiction, requiring dismissal of the claim (Ivy v State of New York, 27 AD3d 1190 [4th Dept 2006]; Byrne v State of New York, 104 AD2d 782 [2d Dept 1984], app denied 64 NY2d 607 [1985]). Defendant argues that a claim was never served upon the Attorney General.
In response to the Court's OTSC, Assistant Attorney General Wendy E. Morcio submitted the affidavit of Debra L. Mantell (Defendant's Exhibit A), a Legal Assistant II in the Albany, New York Office of the Attorney General (OAG). According to Ms. Mantell, a search of OAG's digital case management system revealed that a notice of intention to file a claim was served on OAG by certified mail, return receipt requested on February 13, 2017. In addition, her search revealed that OAG had received a letter from the Court advising that a claim regarding this matter had been filed on February 1, 2018. Ms. Mantell's search found no record that this claim had been served upon the OAG. Subsequently, Ms. Mantell conducted a second search of OAG's digital case management system which, once again, failed to disclose any record to show that OAG had received a claim by Travon Williams.
Claimant has failed to respond to the Court's OTSC. In addition, there is no affidavit of service attached to the claim as filed, and claimant's time within which to serve a claim has now expired. As a result, claim no. 129915 is jurisdictionally defective as no claim was served upon the Attorney General in compliance with Court of Claims Act §§ 10 and 11 (Ivy v State of New York, supra).
Based on the foregoing, claim no. 129915 is hereby dismissed.
May 12, 2020
Buffalo, New York
J. DAVID SAMPSON
Judge of the Court of Claims The following were read and considered by the Court: 1. The Court's Order to Show Cause dated November 20, 2019 and filed November 26, 2019; and 2. Affidavit in response to the Court's Order to Show Cause of Assistant Attorney General Wendy E. Morcio sworn to January 3, 2020, with annexed Exhibits A-B.