Opinion
# 2015-016-058 Claim No. 124347 Motion No. M-87100
09-14-2015
RONALD MESSAM v. THE STATE OF NEW YORK
No appearance Eric T. Schneiderman, Attorney General By: James E. Shoemaker, AAG
Synopsis
Case information
| UID: | 2015-016-058 |
| Claimant(s): | |
| Claimant short name: | MESSAM |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124347 |
| Motion number(s): | M-87100 |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | No appearance |
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: James E. Shoemaker, AAG |
| Third-party defendant's attorney: | |
| Signature date: | September 14, 2015 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The defendant has moved to dismiss the claim of Ronald Messam on the ground that it was served by regular mail. According to Mr. Messam, he had been wrongfully confined to a keep-lock cell block from March 11 to March 18, 2014 at Woodbourne Correctional Facility in Sullivan County.
The Court of Claims Act requires that, unless done personally, a claim must be filed with the Clerk of the Court and served on the Attorney General by certified mail, return receipt requested (section 11[a][i]). Mr. Messam's Affidavit of Service upon the Attorney General and a copy of the envelope in which it and his claim were delivered indicate that such was accomplished via regular mail (exhibit A to defendant's Affirmation).
The Court of Appeals has stated that "Because suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed . . ." (Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992]). In Dreger, the Court of Appeals upheld the dismissal of two suits in the Court of Claims because the method of service was regular mail.
Accordingly, and having reviewed what was submitted, IT IS ORDERED that defendant's motion No. M-87100 is granted, and claim No. 124347 is dismissed.
The following were reviewed: from defendant, a Notice of Motion and an Affirmation (with exhibits A and B); no papers in opposition were submitted by claimant.
September 14, 2015
New York, New York
Alan C. Marin
Judge of the Court of Claims