Legal Opinion

Tuszynski v. State

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2017No. Claim No. 125827Published

1Opinion of the Court

Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered June 15, 2016. The order granted defendant’s motion to dismiss the claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Claimant, a pro se inmate, appeals from an order granting defendant’s motion to dismiss the claim. We affirm. Inasmuch as claimant served the claim by regular mail, the Court of Claims was deprived of subject matter jurisdiction and thus properly dismissed the claim (see Zoeckler v State of New York, 109 AD3d 1133, 1133 [4th Dept 2013];…

2Cases cited3 opinions

  1. Butler v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  2. Wattley v. StateNew York Court of Claims · 1990
  3. Zoeckler v. StateAppellate Division of the Supreme Court of the State of New York · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API