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THOMPSON v. STATE

Appellate Division of the Supreme Court of New York, Third Department.
Sep 27, 2001
MEMORANDUM AND ORDER

Spain, J.

Claimant's use of ordinary mail to serve the claim on the Attorney-General was unauthorized (see, Court of Claims Act ยง 11 [a]) and was insufficient to acquire jurisdiction over the State (see, Turley v. State of New York, 279 A.D.2d 819, lv denied 96 N.Y.2d 708; Philippe v. State of New York, 248 A.D.2d 827). The Court of Claims, therefore, correctly granted the State's motion to dismiss the claim based upon the affirmative defense of lack of personal jurisdiction asserted in the answer.

Crew III, J.P., Peters, Carpinello and Rose, JJ., concur.

ORDERED that the order is affirmed, without costs.