Voulgarelis v. State
| Decision Date | 17 January 1995 |
| Citation | 622 N.Y.S.2d 458,211 A.D.2d 675 |
| Parties | Alexander VOULGARELIS, Appellant, v. STATE of New York, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Alexander Voulgarelis, appellant pro se.
Dennis C. Vacco, Atty. Gen., New York City (Peter G. Crary and Dennis Hurley, of counsel), for respondent.
In a claim to recover damages for personal injuries, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (Silverman, J.), dated June 25, 1993, as, upon reargument, adhered to its prior determination granting the motion of the respondent State of New York to dismiss the claim as untimely filed.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Court of Claims correctly concluded that the claimant failed to timely file his claim with the court (see, Court of Claims Act § 10). Since the failure to comply with the statutory procedures for serving and filing a claim is a jurisdictional defect, the claim was properly dismissed (see, Dependable Trucking Co. v. New York State Thruway Auth., 41 A.D.2d 985, 986, 343 N.Y.S.2d 615; Byrne v. State of New York, 104 A.D.2d 782, 480 N.Y.S.2d 225).
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...Hosp. Med. Ctr., Cornell Univ., 259 A.D.2d 586, affd 94 N.Y.2d 524; Phillips v State of New York, 237 A.D.2d 590; Voulgarelis v State of New York, 211 A.D.2d 675). The claimant's alleged damages were ascertainable, and hence his claim accrued in November 1989 at the latest (see, Baskerville......
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...Parochial Bus Systems v. Board of Educ. of City of N.Y., supra, at 548, 470 N.Y.S.2d 564, 458 N.E.2d 1241; Voulgarelis v. State of New York, 211 A.D.2d 675, 622 N.Y.S.2d 458; Byrne v. State of New York, 104 A.D.2d 782, 784, 480 N.Y.S.2d 225). Similarly, the States of Virginia and Maryland r......
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