Claim dismissed-No jurisdiction over NYC Police Department and NYC District Attorney's Office
|Claimant short name:||CABRERA|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||LUIS CABRERA
|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:||October 18, 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 the claim because the Court does not have jurisdiction over the claim.
The claim alleges that on May 20, 2016, claimant was falsely arrested by New York City police officers. The claim also alleges malicious prosecution by the District Attorney's office with an accrual date of February 2, 2017.
The Court of Claims does not have jurisdiction over claims involving the New York City Police Department or the New York City District Attorney's Office (Court of Claims Act § 9; see Whitmore v State of New York, 55 AD2d 745 [3d Dept 1976]).
Accordingly, defendant's unopposed motion to dismiss Claim No. 129533 is GRANTED.
October 18, 2017
White Plains, New York
Judge of the Court of Claims