Claim dismissed, no jurisdiction over the County of Westchester.
|Claimant short name:||DANIELS|
|Footnote (claimant name) :|
|Defendant(s):||NEW YORK STATE COUNTY AND WESTCHESTER COUNTY|
|Footnote (defendant name) :|
|Claimant's attorney:||THE LAW OFFICE OF GEORGE T. PETERS, PLLC
By: George T. Peters, Esq.
|Defendant's attorney:||HON. BARBARA D. UNDERWOOD
Acting Attorney General for the State of New York
By: Joseph E. Scolavino, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||May 22, 2018|
|See also (multicaptioned case)|
The following papers were read and considered by the Court on the State of New York's unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation, Memorandum of Law and Exhibits
The State of New York brings this pre-answer motion to dismiss Claim No. 131020 on the ground that this Court is without jurisdiction over the claim.
This claim alleges that on December 26, 2017, claimant was assaulted by another inmate while incarcerated at the Westchester County Jail and that claimant did not receive adequate medical care.
The Court of Claims is a court of limited jurisdiction and can hear only claims against the State and certain public authorities (NY Const, art VI; Court of Claims Act § 9). This Court does not have jurisdiction over the County of Westchester, its agencies or any individual employee thereof (see Fisher v State of New York, 10 NY2d 60 ; Whitmore v State of New York, 55 AD2d 745, 746 [3d Dept 1976]).
Accordingly, the State of New York'sunopposed motion to dismiss Claim No. 131020 is hereby GRANTED.
May 22, 2018
White Plains, New York
Judge of the Court of Claims