Court of Claims Act 10 is more than a statute of limitations; it is a jurisdictional prerequisite to bringing and maintaining an action in this Court (De Marco v. State of New York, 43 AD2d 786, 350 NYS2d 230 [4th Dept 1973], affd 37 NY2d 735, 337 N.E.2d 131, 374 N.Y.S.2d 619 [1975]; Antoine v. State of New York, 103 Misc 2d 664, 426 N.Y.S.2d 917 [Ct Cl 1980]). Failure to timely comply with the statutory filing requirements of the Court of Claims Act constitutes a fatal jurisdictional defect requiring dismissal (Lichtenstein v. State of New York, 93 NY2d 911, 913, 712 N.E.2d 1218, 690 N.Y.S.2d 851 [1999]; Buckles v. State of New York, 221 NY 418, 117 N.E. 811 [1917]; Ivy v. State of New York, 27 AD3d 1190, 810 N.Y.S.2d 769 [4th Dept 2006]; Byrne v. State of New York, 104 AD2d 782, 480 N.Y.S.2d 225 [2d Dept 1984], lv denied 64 NY2d 607 [1985]). The Court cannot waive a defect in jurisdiction that has been timely raised (see Thomas v. State of New York, 144 AD2d 882, 534 N.Y.S.2d 815 [3d Dept 1988]). The defect asserted was timely and properly raised with particularity in the State's Answer as its sixth defense, in accordance with Court of Claims Act 11(c).