Legal Opinion

Mingues v. State

New York Court of Claims

Decided January 15, 1990No. Claim No. 77779PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Frank S. Rossetti, J.

Motion by defendant for dismissal and summary judgment due to a lack of subject matter jurisdiction arising from improper service is granted and the claim is hereby dismissed, in accordance with the following.

The essence of the instant claim is that Mr. Mingues, while incarcerated at Wende Correctional Facility, was allegedly confined in "keeplock” for 15 days without receiving a hearing as required by State regulations. The notice of intention and *413claim were timely served and filed, but service was admittedly by regular mail, not the manner of service…

2Cases cited3 opinions

  1. Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
  2. Thomas v. StateAppellate Division of the Supreme Court of the State of New York · 1988
  3. Reed v. StateAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. Charbonneau v. StateNew York Court of Claims · 1990
  2. Tralongo v. StateAppellate Division of the Supreme Court of the State of New York · 1990

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