Voulgarelis v. State

Full title: ALEXANDER VOULGARELIS, Appellant, v. STATE OF NEW YORK, Respondent

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

Date published: Jan 17, 1995

211 A.D.2d 675 (N.Y. App. Div. 1995)

622 N.Y.S.2d 458

Opinion

January 17, 1995

Appeal from the Court of Claims (Silverman, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Court of Claims correctly concluded that the claimant failed to timely file his claim with the court (see, Court of Claims Act § 10). Since the failure to comply with the statutory procedures for serving and filing a claim is a jurisdictional defect, the claim was properly dismissed (see, Dependable Trucking Co. v. New York State Thruway Auth., 41 A.D.2d 985, 986; Byrne v. State of New York, 104 A.D.2d 782). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.