New York State Court of Claims

New York State Court of Claims
CABRERA v. THE STATE OF NEW YORK, # 2017-054-004, Claim No. 129533, Motion No. M-91036

Synopsis

Claim dismissed-No jurisdiction over NYC Police Department and NYC District Attorney's Office

Case information

UID: 2017-054-004
Claimant(s): LUIS CABRERA
Claimant short name: CABRERA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129533
Motion number(s): M-91036
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: LUIS CABRERA
Pro Se
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
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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

WALTER RIVERA

Judge of the Court of Claims