Brian Martinez Torres, Claimant, v. The State of New York, Defendant. (2026)

By Order to Show Cause dated January 14, 2026, and filed by the Clerk on January 16, 2026, the Court directed Claimant to show cause, by submission of papers to be received by the Clerk of the Court no later than February 28, 2026, why the claim should not be dismissed for failure to serve the claim on the Attorney General of the State of New York in accordance with the Court of Claims Act. A copy of the Order to Show Cause was served upon the Claimant by the Chief Clerk of the Court and upon the State of New York.

To date, Claimant has not submitted any papers in response to the Court's Order to Show Cause or otherwise demonstrated that the claim was timely and properly served upon the Attorney General in compliance with the statutory requirements of the Court of Claims Act.

Court of Claims Act § 11 (a) (i) provides that a copy of the claim shall be served upon the Attorney General either personally or by certified mail, return receipt requested, within the times provided for filing with the clerk of the court. The filing and service requirements set forth in the Court of Claims Act are jurisdictional in nature and therefore must be strictly construed (see Finnerty v New York State Thruway Auth., 75 NY2d 721 [1989]).

Accordingly, in light of Claimant's failure to effectuate timely and proper service upon the Defendant, the Court is without jurisdiction over the claim. Claim No. 144238 is therefore DISMISSED.

Accordingly, it is hereby

ORDERED, that Motion No. M-103332 is granted and Claim No. 144238 is hereby DISMISSED.

Dated: June 1, 2026

Hauppauge, New York

HON. LINDA K. MEJIAS-GLOVER

Judge of the Court of Claims

Papers Considered:

1. Order to Show Cause, dated January 14, 2026.

Linda K. Mejias-Glover, J.