Trimble v State of New York

Trimble v State of New York 2016 NY Slip Op 06275 Decided on September 29, 2016 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: September 29, 2016

[*1]ANTHONY TRIMBLE SR. et al.,

v

STATE OF NEW YORK, Respondent.

Calendar Date: September 6, 2016
Before: Peters, P.J., McCarthy, Lynch, Rose and Clark, JJ.

Anthony Trimble Sr., Napanoch, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.

Peters, P.J.

MEMORANDUM AND ORDER

Appeal from an order of the Court of Claims (Ferreira, J.), entered June 11, 2014, which sua sponte dismissed the claim.

Claimants, proceeding pro se, filed a claim attempting to commence an action against defendant. The Court of Claims, on its own motion, directed claimants to show cause why the claim should not be dismissed for failure to serve it on the Attorney General in accordance with the requirements of Court of Claims Act § 11 (a). In response, claimants asserted that they had served three "notices of intent" on the Attorney General at an address in Mineola, New York, but provided certified mailing return receipts indicating that such mailings were sent to the Nassau County Attorney at that address. As a result, the Court of Claims found that claimants failed to comply with the service requirements of Court of Claims Act § 11 (a) and dismissed the

claim. Claimants now appeal.

We affirm. Court of Claims Act § 11 (a) (i) requires that a claim be served on the Attorney General either personally or by certified mail, return receipt requested (see Miranda v State of New York, 113 AD3d 943, 943 [2014]). This requirement is jurisdictional in nature and the failure to comply with it mandates dismissal of the claim (see Encarnacion v State of New York, 133 AD3d 1049, 1050 [2015], lv denied 26 NY3d 919 [2016]; Miranda v State of New York, 113 AD3d at 943-944; Maude V. v New York State Off. of Children & Family Servs., 82 AD3d 1468, 1469 [2011]). Here, it is undisputed that claimants failed to comply with the statute as they served the claim on the Nassau County Attorney, not the Attorney General. Notwithstanding their assertion that this was an innocent mistake, the claim was properly [*2]dismissed due to this jurisdictional defect.

McCarthy, Lynch, Rose and Clark, JJ., concur.

ORDERED that the order is affirmed, without costs.