New York State Court of Claims

New York State Court of Claims
BELL v. THE STATE OF NEW YORK, # 2018-054-055, Claim No. 130640, Motion No. M-92062

Synopsis

Unverified claim dismissed

Case information

UID: 2018-054-055
Claimant(s): ANDREW BELL
Claimant short name: BELL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 130640
Motion number(s): M-92062
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: ANDREW BELL
Pro Se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Belinda A. Wagner, Assistant Attorney General
Third-party defendant's attorney:
Signature date: May 23, 2018
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, Attorney's Supporting Affirmation and Exhibit

Defendant brings this pre-answer motion to dismiss Claim No. 130640 on the ground that this Court is without jurisdiction over the claim because the claim was not verified as required by Court of Claims Act 11 (b).

The requirements set forth in the Court of Claims Act 10 and 11 are jurisdictional in nature and require strict compliance as a precondition of suit against the State (see Prisco v State of New York, 62 AD3d 978 [2d Dept 2009]). A failure to comply with any aspect 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]).

Therefore, this claim is jurisdictionally defective and warrants dismissal because it was not verified (see Kolnacki, 8 NY3d 277; Lepkowski v State of New York, 1 NY3d 201, 210 [2003]).

Accordingly, defendant's unopposed motion to dismiss the claim is GRANTED.

May 23, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims