Harris v. State

OPINION OF THE COURT

Donald J. Corbett, Jr., J.

In this motion, the defendant seeks dismissal on the ground *464that the claim was improperly served by regular mail in contravention of the service requirements of Court of Claims Act § 11 (a) (i). Defendant attaches a copy of the envelope reflecting such service and, indeed, claimant acknowledges the same in the “Reply to Answer.”

Furthermore, the defendant alleges that it has preserved this defense, as required, with particularity in its amended answer as the third affirmative defense. A review of the affirmative defense reveals that it alleges the…