Thompson v. State

Full title: LOUIS THOMPSON, Appellant, v. STATE OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 27, 2001

286 A.D.2d 831 (N.Y. App. Div. 2001)

730 N.Y.S.2d 745

Opinion

Decided and Entered: September 27, 2001.

Appeal from an order of the Court of Claims (Bell, J.), entered April 11, 2000, which granted the State's motion to dismiss the claim.

Louis Thompson, Stormville, appellant pro se.

Eliot Spitzer, Attorney-General (Julie M. Sheridan of counsel), Albany, for respondent.

Before: Crew III, J.P., Peters, Spain, Carpinello and Rose, JJ.

MEMORANDUM AND ORDER

Spain, J.

Claimant's use of ordinary mail to serve the claim on the Attorney-General was unauthorized (see, Court of Claims Act § 11 [a]) and was insufficient to acquire jurisdiction over the State (see, Turley v. State of New York, 279 A.D.2d 819, lv denied 96 N.Y.2d 708; Philippe v. State of New York, 248 A.D.2d 827). The Court of Claims, therefore, correctly granted the State's motion to dismiss the claim based upon the affirmative defense of lack of personal jurisdiction asserted in the answer.

Crew III, J.P., Peters, Carpinello and Rose, JJ., concur.

ORDERED that the order is affirmed, without costs.