Collado v. State

Appellate Division of the Supreme Court of New York

Collado v. State

207 A.D.2d 936, 616 N.Y.S.2d 1019, 1994 N.Y. App. Div. LEXIS 8964

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 22, 1994

StatusPublished

This text of 207 A.D.2d 936 (Collado v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collado v. State, 207 A.D.2d 936, 616 N.Y.S.2d 1019, 1994 N.Y. App. Div. LEXIS 8964 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from an order of the Court of Claims (Corbett, Jr., P. J.), entered July 29, 1993, which granted the State’s motion to dismiss the claim.

Claimant not only failed to properly serve the Attorney-General in accordance with the provisions of Court of Claims Act § 11 (a), but he also failed to timely file his claim within [937]*93790 days after accrual of such claim as required by Court of Claims Act § 10 (3). Because failure to comply with either of these statutes constitutes a fatal jurisdictional defect, the Court of Claims properly granted the State’s motion to dismiss the claim.

Mercure, J. P., Crew III, White, Casey and Weiss, JJ., concur. Ordered that the order is affirmed, without costs.

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—Appeal from an order of the Court of Claims (Corbett, Jr., P. J.), entered July 29, 1993, which granted the State’s motion to dismiss the claim.

Claimant not only failed to properly serve the Attorney-General in accordance with the provisions of Court of Claims Act § 11 (a), but he also failed to timely file his claim within [937]*93790 days after accrual of such claim as required by Court of Claims Act § 10 (3). Because failure to comply with either of these statutes constitutes a fatal jurisdictional defect, the Court of Claims properly granted the State’s motion to dismiss the claim.

Mercure, J. P., Crew III, White, Casey and Weiss, JJ., concur. Ordered that the order is affirmed, without costs.

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Bluebook (online)

207 A.D.2d 936, 616 N.Y.S.2d 1019, 1994 N.Y. App. Div. LEXIS 8964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collado-v-state-nyappdiv-1994.