In response to order to show cause Claimant failed to demonstrate proper service of claim upon Defendant. Claim dismissed .
|Claimant short name:||HUNTLEY|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||DIANE L. FITZPATRICK|
|Claimant's attorney:||KERRY HUNTLEY
|Defendant's attorney:||LETITIA JAMES
Attorney General of the State of New York
By: Glenn C. King, Esquire
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||July 20, 2021|
|See also (multicaptioned case)|
By Order to Show Cause issued by the Court on June 3, 2021, the parties were directed to submit to the Court in writing a statement relating to the service of the claim in this matter along with copies of any relevant documentary evidence. All submissions were to be provided by July 5, 2021.
Claimant has failed to respond in any manner to the Court's Order. However, in response to the Court's direction, Defendant has submitted the affidavit of Debra L. Mantell, a Legal Assistant II, in the Albany Office of the Attorney General, who indicates that Claimant has failed to serve the claim upon the Attorney General as required by Court of Claims Act section 11 (a).
Court of Claims Act section 11 (a) provides, in relevant part, that a copy of the claim at issue "shall be served personally or by certified mail, return receipt requested", upon the Attorney General. The requirements set forth in Court of Claims Act section 11 are jurisdictional in nature and, as such, must be strictly construed (see Finnerty v New York State Thruway Auth., 75 NY2d 721, 722 ; Commack Self-Serv. Kosher Meats v State of New York, 270 AD2d 687 [3d Dept 2000]). Moreover, the Court is not free to disregard this requirement. "[D]iscretion, equity, or a harsh result may not temper application of a rule of law" (Martin v State of New York, 185 Misc 2d 799, 804[Ct Cl 2000]). The Court must therefore dismiss the claim (Hughes v State of New York, 105 AD3d 907 [2d Dept 2013]).
Accordingly, for the reasons stated above, it is hereby
ORDERED, that Claim No.130759 is DISMISSED in its entirety.
July 20, 2021
Syracuse, New York
DIANE L. FITZPATRICK
Judge of the Court of Claims
The following papers were considered by the Court:
1) Court's Order to Show Cause, dated June 3, 2021.
2) Affirmation of Glenn C. King,, Esquire, Assistant Attorney General, dated July 15, 2021, with exhibit attached thereto.
3) Affidavit of Debra L. Mantell, sworn to June 16, 2021.
4) Filed Documents: Claim filed December 28, 2017.