ADDERLEY v. STATE OF NEW YORK


35 A.D.3d 1043 (2006)

825 N.Y.S.2d 384

VERNON ADDERLEY, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 21, 2006.


Kane, J.

Following dismissal of his claim as jurisdictionally defective for failure to serve the Attorney General with a copy of the claim by certified mail, return receipt requested (see Court of Claims Act § 11 [a] [i]), claimant moved for reinstatement of the claim. In support of such motion, claimant submitted a copy of a certified mail receipt and a return receipt card. The Court of Claims, treating the motion as one to reargue, denied reargument...

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