Legal Opinion
Schaeffer v. State
New York Court of Claims
Decided September 22, 1989No. Claim No. 77670PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
The issue before us is whether service of a notice of intention to file a claim by United States Postal Service Express *136Mail without requesting a return receipt satisfies Court of Claims Act § 11. While we think it is debatable whether or not the Legislature intended the term "certified mail” to encompass Express Mail, we hold that the claimant’s failure to request a return receipt renders the service defective in any event.
On May 26, 1988, the office of the Attorney-General received claimant’s notice of intention sounding in medical malpractice. It…
2Cases cited11 opinions
- Pajak v. PajakNew York Court of Appeals · 1982
- Macchia v. RussoNew York Court of Appeals · 1986
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Golden v. KochNew York Court of Appeals · 1980
- Baggett v. StateAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- Hodge v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Hodge v. StateNew York Court of Claims · 1993
- Secreto v. International Business Machines Corp.New York Supreme Court · 2003