Legal Opinion
Turley v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 2001PublishedCited by 7 opinions
1Opinion of the CourtSpain, J.
Appeal from an order of the Court of Claims (Midey, Jr., J.), entered April 30, 1999, which granted the State’s motion to dismiss the claim.
After obtaining permission from the Court of Claims (Bell, J.) to file a late claim against the State, claimant served the claim on the Attorney General by ordinary mail. The State answered and thereafter moved to dismiss the claim based upon defective service. The Court of Claims granted the motion and this appeal by claimant ensued.
Ordinary mail is not one of the methods of service authorized by Court of Claims Act § 11 (a) and, “[generally, the use of…
2Cases cited4 opinions
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Hodge v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Commack Self-Service Kosher Meats, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2000
- Philippe v. StateAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by7 opinions
- Rue v. HillAppellate Division of the Supreme Court of the State of New York · 2001
- Govan v. StateAppellate Division of the Supreme Court of the State of New York · 2003
- Thompson v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Martinez v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- Harris v. StateNew York Court of Claims · 2002
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