Claim alleging that inmate-claimant's trial attorney in criminal proceeding failed to comply with claimant's "F.O.I.L. request for records" is dismissed for lack of jurisdiction.
|Claimant(s):||DAMON M. HOLMES|
|Claimant short name:||HOLMES|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANK P. MILANO|
|Claimant's attorney:||DAMON M. HOLMES
|Defendant's attorney:||HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
By: Nicole Procida, Esq.
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||February 15, 2018|
|See also (multicaptioned case)|
Defendant moves to dismiss the claim, in lieu of answering, on the grounds that the Court of Claims lacks jurisdiction over claim which alleges that the inmate-claimant's "trial attorney" failed to comply with claimant's "F.O.I.L. request for records." Claimant opposes the defendant's motion to dismiss the claim.
The Court of Claims is a court of limited jurisdiction, charged with "exclusive jurisdiction over actions for money damages against the State," based upon the acts or omissions of its agencies or employees, where the State is the real party in interest (Monreal v New York State Dept. of Health, 38 AD3d 1118, 1119 [3d Dept 2007]; Woodward v State of New York, 23 AD3d 852, 855-856 [3d Dept 2005], lv dismissed 6 NY3d 807 ; NY Const., Art. VI, § 9; Court of Claims Act § 9). The Court thus lacks jurisdiction over this claim which seeks relief against a private individual (see Morell v Balasubramanian, 70 NY2d 297 ). No State of New York employee or agent is involved in this claim.
Defendant's motion to dismiss the claim is granted.
February 15, 2018
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
1. Defendant's Notice of Motion, filed November 24, 2017;
2. Affirmation of Nicole Procida, dated November 17, 2017, and attached exhibits;
3. Claimant's Notice of Motion for Dismissal of Defendant's Motion for Summary Judgment, filed December 8, 2017.
4. Affidavit of Damon M. Holmes, sworn to December 5, 2017, and attached exhibits.