Court does not have jurisdiction over claims against CUNY community college, only against CUNY senior college.
|Claimant(s):||GARY VAN WYK, PH. D.|
|Claimant short name:||VAN WYK|
|Footnote (claimant name) :|
|Defendant(s):||QUEENSBOROUGH COMMUNITY COLLEGE, CITY UNIVERSITY OF NEW YORK (CUNY)|
|Footnote (defendant name) :|
|Claimant's attorney:||GARY VAN WYK, PH. D.
|Defendant's attorney:||HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Lawrence E. Kozar, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||September 22, 2017|
|See also (multicaptioned case)|
The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibit
Defendant brings this pre-answer motion to dismiss Claim No. 130070 due to the Court's lack of jurisdiction over the claim.
The claim alleges that on July 28, 2017, claimant was terminated from his employment as Gallery Assistant at Queensborough Community College. The Court of Claims has exclusive jurisdiction to hear claims brought against the City University of New York for alleged wrongdoing committed by a "senior college" of that university (see Education Law §§ 6224 ; 6202 ; Gelin v Lehman College, 254 AD2d 119 [1st Dept 1998]). Queensborough Community College is a "community college" (Education Law § 6202 ; see Apollon v Guiliani, 168 Misc 2d 363, 364 [Sup Ct, NY County 1995] [QBCC is a community college]) and not a "senior college" (Education Law 6202 ). Pursuant to Education Law § 6224 (1), actions alleging wrongdoing by a community college must be brought in a court of general jurisdiction, under General Municipal Law §§ 50-e and 50-i (see Amato v State of New York, 131 Misc 2d 1049 [Ct Cl, 1986] [Court of Claims lacks jurisdiction to hear claims brought against a community college]). Thus, the Court of Claims does not have jurisdiction to hear this claim alleging wrongdoing by Queensborough Community College and the claim warrants dismissal.
Accordingly, defendant's unopposed motion to dismiss Claim No. 130070 is hereby GRANTED.
September 22, 2017
White Plains, New York
Judge of the Court of Claims