Sandoval v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

There is no question but that the timeliness of the filing of a claim goes to the subject matter jurisdiction of this court. (Reed v State of New York, 147 AD2d 767.) Alternatively, the weight of authority is that the method of service of a claim goes only to the issue of acquiring personal jurisdiction over the defendant and may therefore be waived. (Reed v State of New York, 147 AD2d 767, supra; Thomas v State of New York, 144 AD2d 882; Colon v State of New York, 146 Misc 2d 1034; cf., Finnerty v New York State Thruway Auth., 75 NY2d 721.) *1073The issue…