Motion to dismiss granted-service on defendant by regular mail.
|Claimant short name:||COSME|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||RAMON COSME
|Defendant's attorney:||HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Glenn C. King, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||June 20, 2018|
|See also (multicaptioned case)|
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 Exhibits
On February 4, 2016, claimant served defendant with a notice of intention to file a claim alleging that claimant was wrongfully confined in the special housing unit at Coxsackie Correctional Facility from September 20, 2015 to November 8, 2015.
On March 2, 2016, claimant served defendant with a copy of the claim by regular mail (Ex. A).
Service by regular mail is not an authorized manner of service under Court of Claims Act § 11 (a) (see Brown v State of New York, 114 AD3d 632 [2d Dept 2014]). The service requirements set forth in Court of Claims Act § 11 are jurisdictional in nature and require strict compliance as a precondition of suit against the State (see Dreger v New York State Thruway Auth., 81 NY2d 721, 724 ). A failure to comply with any of the service provisions set forth in Court of Claims Act § 11 is a jurisdictional defect compelling the dismissal of the claim (see Kolnacki v State of New York, 8 NY3d 277, 281  ["(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]).
Accordingly, the State's unopposed motion to dismiss Claim No. 127580 is hereby GRANTED.
June 20, 2018
White Plains, New York
Judge of the Court of Claims