Colon v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

In this motion to dismiss, we must decide whether the Court of Appeals recent decision, Finnerty v New York State Thruway Auth. (75 NY2d 721), has in effect overruled sub silentio Baggett v State of New York (124 AD2d 969 [4th Dept]) and its progeny, Reed v State of New York (147 AD2d 767 [3d Dept]) and Thomas v State of New York (144 AD2d 882 [3d Dept]), *1035and thereby converted method-of-service error from an issue of personal jurisdiction to a nonwaivable defect in the subject matter jurisdiction of this court.

Claimant is a pro se inmate who allegedly…