Legal Opinion

Thompson v. State of New York

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

Decided September 27, 2001PublishedCited by 4 opinions

1Opinion of the Court

—Spain, J.

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.

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 AD2d 819, lv denied 96 NY2d 708; Philippe v State of New York, 248 AD2d 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…

2Cases cited2 opinions

  1. Turley v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  2. Philippe v. StateAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2014
  2. Govan v. StateAppellate Division of the Supreme Court of the State of New York · 2003
  3. Fulton v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  4. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2014

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