BAGGETT v. STATE

Order unanimously reversed on the law without costs and motion granted. Memorandum: The failure to serve a notice of intention to file claim upon the Attorney-General in the manner required by law is a fatal jurisdictional defect (see, Byrne v State of New York, 104 A.D.2d 782, lv denied 64 N.Y.2d 607). At the time claimant attempted to serve the notice of intention upon the Attorney-General, Court of Claims Act § 11 required that a copy of the notice of intention be "served" upon the Attorney-General unless the Clerk of the Court of Claims "delivered" a copy to the Attorney-General within the statutory time period. No proof was submitted that the Clerk of the Court of Claims made such a delivery.

Although Court of Claims Act § 11 does not, in haec verba, require personal service, the CPLR provisions governing practice in Supreme Court apply (see, Court of Claims Act § 9). The CPLR requires personal service (CPLR 307, 308; Matter of Scott v Coughlin, 111 A.D.2d 480, lv denied 65 N.Y.2d 606; Matter of Harlem Riv. Consumers Coop. v State Tax Commn., 44 A.D.2d 738, affd 37 N.Y.2d 877). Hence, service of a copy of the notice of intention by ordinary mail was insufficient to acquire personal jurisdiction over the State, and the claim must be dismissed.