Czynski v. State, 53 A.D.3d 881 (N.Y. App. Div. 2008). · Go Syfert
Czynski v. State, 53 A.D.3d 881 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Commack Veterinary Ctr., PLLC v. State of New York (2×)
nyclaimsct · 2025 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11 (b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove, 138 AD3d at 777; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski v State of New York , 1 NY3d 201, 206-207 [2003]; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Mario's Pizzeria of Commack, Corp. v. State of New York (2×)
nyclaimsct · 2025 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11 (b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove, 138 AD3d at 777; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski v State of New York , 1 NY3d 201, 206-207 [2003]; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) M&A Beauty, Inc. v. State of New York
nyclaimsct · 2025 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11 (b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove, 138 AD3d at 777 ; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski v State of New York , 1 NY3d 201, 206-207 [2003]; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Persaud v. Gordon-Steele (2×)
nyclaimsct · 2025 · confidence medium
It is well-settled that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11(b) is a jurisdictional defect that requires dismissal of the claim ( see Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski v State of New York , 1 NY3d 201, 206-207 [2003]; Czynski v State of New York, 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Panarello v. State of New York
nyclaimsct · 2024 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11(b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove v State of New York , 138AD3d 777 [2d Dept 2016]; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski at 206-207 [2003]; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Panarello v. State of New York
nyclaimsct · 2024 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11(b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove v State of New York , 138AD3d 777 [2d Dept 2016]; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski at 206-207 [2003]; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Anderson v. State of New York
nyclaimsct · 2024 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11(b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove v State of New York , 138AD3d 777 [2d Dept 2016]; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski at 206-207 [2003]; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Alexander J. v. State of New York
nyclaimsct · 2024 · confidence medium
Pursuant to Court of Claims Act § 11(b), a claim shall set forth, among other things, "the time when and place where such claim arose [and] the nature of same," in order to "enable [the State] to investigate the claim and promptly ascertain the existence and extent of its liability" ( Czynski v State of New York , 53 AD3d 881, 882-83 [3d Dept 2008][internal quotations omitted]; see Cobin v State of New York , 234 AD2d 498, 499 [2d Dept 1996], lv dismissed 90 NY2d 925 [1997]).
discussed Cited as authority (rule) Alexander J. v. State of New York
nyclaimsct · 2024 · confidence medium
Pursuant to Court of Claims Act § 11(b), a claim shall set forth, among other things, "the time when and place where such claim arose [and] the nature of same," in order to "enable [the State] to investigate the claim and promptly ascertain the existence and extent of its liability" ( Czynski v State of New York , 53 AD3d 881, 882-83 [3d Dept 2008][internal quotations omitted]; see Cobin v State of New York , 234 AD2d 498, 499 [2d Dept 1996], lv dismissed 90 NY2d 925 [1997]).
discussed Cited as authority (rule) Biodiagnostic Labs, Inc. v. State of New York
nyclaimsct · 2023 · confidence medium
It is well-established that the failure to satisfy the substantive pleading requirements of Court of Claims Act § 11(b) is a jurisdictional defect that requires dismissal of the claim ( see Hargrove v State of New York , 138 AD3d 777 [2d Dept 2016]; Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Lepkowski at 206-207; Czynski v State of New York , 53 AD3d 881, 882-883 [3d Dept 2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Sommer v. State of New York
N.Y. App. Div. · 2015 · confidence medium
Court of Claims Act § 11 (b) requires that a notice of intention to file a claim set forth, among other things, “the time when and place where such claim arose” (see Lepkowski v State of New York, 1 NY3d 201, 205 [2003]; Czynski v State of New York, 53 AD3d 881, 882 [2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Mosley v. State
N.Y. App. Div. · 2014 · confidence medium
The failure to state the time and place of the accident in the notice of intent is a jurisdictional defect mandating dismissal of the claim (see Wilson v State of New York, 61 AD3d 1367, 1368 [2009]; Czynski v State of New York, 53 AD3d 881, 883 [2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Mosley v. State
N.Y. App. Div. · 2014 · confidence medium
The failure to state the time and place of the accident in the notice of intent is a jurisdictional defect mandating dismissal of the claim (see Wilson v State of New York, 61 AD3d 1367, 1368 [2009]; Czynski v State of New York, 53 AD3d 881, 883 [2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Maude V. v. New York State Office of Children & Family Services
N.Y. App. Div. · 2011 · confidence medium
Failure to comply with the statutory filing and service requirements deprives the Court of Claims of subject matter jurisdiction and compels dismissal of the claim (see Langner v State of New York, 65 AD3d 780, 781 [2009]; Czynski v State of New York, 53 AD3d 881, 883 [2008], lv denied 11 NY3d 715 [2009]; Matter of Best v State of New York, 42 AD3d 699, 700 [2007]; Ivy v State of New York, 27 AD3d 1190, 1191 [2006]).
discussed Cited as authority (rule) Young v. State
N.Y. App. Div. · 2011 · confidence medium
Since the statutory requirements of the Court of Claims Act must be strictly construed (see Kolnacki v State of New York, 8 NY3d 277, 280 [2007]; Lepkowski v State of New York, 1 NY3d at 206-207 ; Finnerty v New York State Thruway Auth., 75 NY2d 721, 722-723 [1989]), the failure of the claimant to sufficiently particularize the nature of her claim with respect to her decedent’s alleged conscious pain and suffering constituted a jurisdictional defect mandating dismissal (see Prisco v State of New York, 62 AD3d 978, 979 [2009]; Czynski v State of New York, 53 AD3d 881, 883 [2008]; Robin BB. v …
discussed Cited as authority (rule) Nelson v. State
N.Y. App. Div. · 2009 · confidence medium
Moreover, since claimant is alleging a new theory occurring during a different time period than was set forth in the 2001 notice of intention or the 2005 amended claim, the jurisdictional constraints of the Court of Claims are also a barrier to the relief requested (see generally Czynski v State of New York, 53 AD3d 881, 882-883 [2008], lv denied 11 NY3d 715 [2009]).
discussed Cited as authority (rule) Langner v. State
N.Y. App. Div. · 2009 · confidence medium
As such, we find that the Court of Claims properly found those notices of intention deficient and, thus, they did not serve to extend claimants’ time for the filing of their claims (see Czynski v State of New York, 53 AD3d 881, 883 [2008], lv denied 11 NY3d 715 [2009]; Cendales v State of New York, 2 AD3d 1165, 1167 [2003]).
discussed Cited as authority (rule) Prisco v. State
N.Y. App. Div. · 2009 · confidence medium
Since the statutory requirements of the Court of Claims Act must be strictly construed (see Thomas v State of New York, 57 AD3d 969, 970 [2008]; Triani v State of New York, 44 AD3d 1032, 1032-1033 [2007]), the failure of the claimant to set forth in the notice of intention to file a claim the time when the claim arose constituted a jurisdictional defect mandating dismissal (see Czynski v State of New York, 53 AD3d 881, 883-884 [2008]; Robin BB. v State of New York, 56 AD3d 932 , 933 [2008]).
discussed Cited as authority (rule) Green v. State
N.Y. App. Div. · 2008 · confidence medium
Preliminarily, we agree with the Court of Claims that claimant, having failed to timely file and serve a notice of claim or notice of intention to file a claim {see Court of Claims Act §§ 10, 11), did not properly invoke the court’s subject matter jurisdiction (see Czynski v State of New York, 53 AD3d 881, 883 [2008]).
discussed Cited as authority (rule) Jones v. State
N.Y. App. Div. · 2008 · confidence medium
The purpose of the foregoing pleading requirements “is to provide a sufficiently detailed description of the particulars of the claim to enable [defendant] to investigate and promptly ascertain the existence and extent of its liability” (Sinski v State of New York, 265 AD2d 319, 319 [1999]), and the failure to comply with Court of Claims Act § 11 (b) mandates dismissal for lack of subject matter jurisdiction (see Czynski v State of New York, 53 AD3d 881, 883 [2008]; Rivera v State of New York, 52 AD3d 1075, 1076 [2008]; Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [200…
discussed Cited as authority (rule) Robin BB. v. State
N.Y. App. Div. · 2008 · confidence medium
To that end, defendant is not required “to ferret out or assemble information that section 11 (b) obligates the claimant to allege” (Lepkowski v State of New York, 1 NY3d 201, 208 [2003]), and the failure to comply with the statutory requirements mandates dismissal for lack of subject matter jurisdiction (see Czynski v State of New York, 53 AD3d 881, 882-883 [2008]; Rivera v State of New York, 52 AD3d 1075, 1076 [2008]; Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [2007]).
Retrieving the full opinion text from the archive…
Adam Czynski
v.
State of New York
Appellate Division of the Supreme Court of the State of New York.
Jul 17, 2008.
53 A.D.3d 881
Stein.
Cited by 25 opinions  |  Published
Stein, J.

Appeals (1) from an order of the Court of Claims (Sise, J.), entered August 20, 2001, which denied claimant’s motion to seal the records in this matter, (2) from an order of said court (Sise, J.), entered October 25, 2002, which, among other things, partially granted claimant’s motion to compel disclosure of certain records, and (3) from an order of said court (McCarthy, J.), entered May 22, 2007, which, among other things, granted defendant’s cross motion to dismiss the claim.

Claimant filed a notice of intention to file a claim on November 5, 1999, alleging that he was “personally and sexually harassed” by a professor at the State University of New York at New Faltz, and thereafter commenced this action on May 7, 2001. In its answer, defendant asserted, among other things, that both claimant’s notice of intention to file a claim[*882] and his claim were untimely. Discovery ensued and claimant eventually moved for partial summary judgment. Defendant cross-moved to dismiss the claim based on lack of personal and subject matter jurisdiction. The Court of Claims (McCarthy, J.), among other things, granted defendant’s cross motion and dismissed the claim, prompting this appeal by claimant.*

Initially, we reject claimant’s contention that defendant’s affirmative defenses were not pleaded with sufficient particularity (see Court of Claims Act § 11 [c]). The eighth paragraph of defendant’s answer asserted that “no notice of intention or claim was served upon the Attorney General within 90 days of the accrual of the causes of action as required by Sections 10 (3), (3-b) and 11 (a) of the Court of Claims Act.” Similarly, the eleventh paragraph maintained that “no claim was filed with the [c]ourt within two years of the accrual of the causes of action as required by Sections 10 (3) and 11 (a) of the Court of Claims Act, or within one year of the accrual of any causes of action for intentional tort as required by Sections 10 (3-b) and 11 (a) of the Court of Claims Act.” We find that these assertions by defendant “[were] legally sufficient to give claimant notice of his failure” to comply with the time limitations in the Court of Claims Act (Villa v State of New York, 228 AD2d 930, 931 [1996], lv denied 88 NY2d 815 [1996]). Notably, defendant’s asserted defenses put claimant on notice of the alleged defects with ample time for him to move for permission to file a late claim (see Court of Claims Act § 10 [6]).

Next, we find claimant’s contention—that his title IX (see 20 USC § 1681 et seq.) cause of action accrued at some unidentified time after May 4, 1999—to be foreclosed by his failure to adequately apprise defendant of such cause of action in his notice of intention to file a claim. Court of Claims Act § 11 (b) requires, among other things, that the notice of intention “shall state the time when and place where such claim arose [and] the nature of same” (see Cobin v State of New York, 234 AD2d 498, 499 [1996], lv dismissed 90 NY2d 925 [1997]) in order to “enable [defendant] to investigate the claim and promptly ascertain the existence and extent of its liability” (Riefler v State of New York, 228 AD2d 1000, 1001 [1996]). Importantly, “[t]he Court of Claims Act does not require [defendant] to ferret out or assemble information that section 11 (b) obligates the claimant to[*883] allege” (Lepkowski v State of New York, 1 NY3d 201, 208 [2003]; see Kolnacki v State of New York, 8 NY3d 277, 280 [2007]). Failure to comply with Court of Claims Act § 11 (b) deprives the Court of Claims of subject matter jurisdiction (see Lepkowski v State of New York, 1 NY3d at 206-209), and subject matter jurisdiction is unwaivable (see Finnerty v New York State Thruway Auth., 75 NY2d 721, 722-723 [1989]; compare Court of Claims Act § 11 [b] with Court of Claims Act § 11 [c]). Accordingly, although this issue was not raised before the Court of Claims, we must address it on this appeal (see Matter of Anstey v Palmatier, 23 AD3d 780, 780 [2005]).

Here, claimant’s notice of intention referred solely to acts of harassment by a professor and provided that “[t]he time when . . . such claim arose . . . beg[an] in August 1998 and continu[ed] through May 4, 1999.” Among other inadequacies, the notice of intention fails to include such information as claimant’s status as a student or any notice to or involvement of the University, its administration or individual officials (see generally Hayut v State Univ. of N.Y., 352 F3d 733 [2d Cir 2003]). Although our treatment of the requirements of the notice of intention has historically not been as stringent as that of the claim (see Epps v State of New York, 199 AD2d 914, 914 [1993]), we nevertheless find that the notice of intention here did not adequately apprise defendant of the possibility that a title IX claim would be asserted (see Cendales v State of New York, 2 AD3d 1165, 1167-1168 [2003]; Bowles v State of New York, 208 AD2d 440, 443 [1994]). Thus, the Court of Claims properly dismissed this cause of action.

In addition, inasmuch as the notice of intention failed to apprise defendant of the need to investigate any acts or occurrences after May 4, 1999, the Court of Claims correctly treated that date as the accrual date for purposes of time limitations. Consequently, neither claimant’s notice of intention nor his claim were timely filed pursuant to any of the applicable provisions of Court of Claims Act § 10, the Court of Claims lacked subject matter jurisdiction over the remaining causes of action and those causes of action were also properly dismissed (see Lyles v State of New York, 3 NY3d 396, 399-401 [2004]; Alston v State of New York, 97 NY2d 159, 163 [2001]).

The remaining arguments advanced by the parties have been examined and found to be either without merit or rendered academic by our decision.

Cardona, P.J., Peters, Spain and Carpinello, JJ., concur. Ordered that the orders are affirmed, without costs.

To the extent that claimant has not raised any issues in his brief regarding the orders of the Court of Claims (Sise, J.) entered August 20, 2001 and October 25, 2002, his appeals from those orders are deemed abandoned (see Pizarro v State of New York, 19 AD3d 891, 892 [2005], lv denied 5 NY3d 717 [2005]).