New York State Court of Claims

New York State Court of Claims
COSME v. THE STATE OF NEW YORK, # 2018-054-062, Claim No. 127580, Motion No. M-92318

Synopsis

Motion to dismiss granted-service on defendant by regular mail.

Case information

UID: 2018-054-062
Claimant(s): RAMON COSME
Claimant short name: COSME
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 127580
Motion number(s): M-92318
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: RAMON COSME
Pro Se
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
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 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 [1992]). 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 [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]).

Accordingly, the State's unopposed motion to dismiss Claim No. 127580 is hereby GRANTED.

June 20, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims