Femminella v. State

Appeal from an order of the Court of Claims (Milano, J.), entered October 10, 2008, which granted defendant’s motion to dismiss the claim.

Seeking damages for an alleged unlawful confinement accruing in May 2007, claimant attempted to serve the Attorney General with a notice of intention to file a claim in August 2007 and served a verified claim in May 2008. Defendant moved to dismiss the claim on the basis that it was untimely because claimant’s notice of intention was improperly served. The Court of Claims granted the motion, and this appeal ensued.

We affirm. Although, as relevant here, the…