COLLADO v. STATE


207 A.D.2d 936 (1994)

616 N.Y.S.2d 1019

George Collado, Appellant, v. State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 22, 1994


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 90 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...

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