New York State Court of Claims

New York State Court of Claims
YEFIMOVA v. THE STATE OF NEW YORK, # 2018-015-158, Claim No. 131336, Motion No. M-92373

Synopsis

Claim which named the Chief Clerk as a defendant was dismissed on jurisdictional grounds.

Case information

UID: 2018-015-158
Claimant(s): LYUBOV YEFIMOVA
Claimant short name: YEFIMOVA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) : The caption has been amended sua sponte to reflect the only properly named defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131336
Motion number(s): M-92373
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Lyubov Yefimova, Pro Se
Defendant's attorney: Honorable Barbara D. Underwood, Attorney General
By: Paul F. Cagino, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: August 29, 2018
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant moves to dismiss the claim pursuant to CPLR 3211 (a) (2), (7) and (8).

The instant claim purports to name Eileen F. Fazzone, the Chief Clerk of the Court of Claims, as a defendant.

The Court of Claims is a Court of limited jurisdiction empowered to award damages in appropriation, contract or tort for claims against the State of New York (see NY Const, art VI, 9; Court of Claims Act 9) and certain other specified entities (see e.g., Education Law 6224 [4]; Public Authorities Law 361-b and 2622; Mitchell v State of New York, UID No. 2005-015-025 [Ct Cl, Collins, J., 2005).(2) The Court is not empowered to hear claims against individually named defendants, even those employed by the State of New York (Smith v State of New York, 72 AD2d 937 [4th Dept 1979]). Moreover, the claim fails to meet the pleading requirements of Court of Claims Act 11 (b). It is, in fact, largely indecipherable.

Accordingly, defendant's motion is granted and the claim is dismissed.

August 29, 2018

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of motion, dated May 25, 2018;
  2. Affirmation in support, dated May 25, 2018, with Exhibit A;
  3. Unsworn, undated statement in opposition.

2. Unreported decisions from the Court of Claims are available via the internet at http://www.nyscourtofclaims.state.ny.us/decision.htm.