Legal Opinion
Baggett v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986No. Claim No. 71161PublishedCited by 17 opinions
1Opinion of the Court
Memorandum: The failure to serve a notice of intention to file claim upon the Attorney-General in the manner required by law is a fatal jurisdictional defect (see, Byrne v State of New York, 104 AD2d 782, lv denied 64 NY2d 607). At the time claimant attempted to serve the notice of intention upon the Attorney-General, Court of Claims Act § 11 required that a copy of the notice of intention be "served” upon the Attorney-General unless the Clerk of the Court of Claims "delivered” a copy to the Attorney-General within the statutory time period. No proof was submitted that the Clerk of the Court…
2Cases cited4 opinions
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Matter of Harlem River Consumers Coop., Inc. v. State Tax Comm'nNew York Court of Appeals · 1975
- Harlem River Consumers Cooperative, Inc. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1974
- Scott v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by17 opinions
- Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
- Calco v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Hodge v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Bogel v. StateAppellate Division of the Supreme Court of the State of New York · 1991
- Thomas v. StateAppellate Division of the Supreme Court of the State of New York · 1988
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