New York State Court of Claims

New York State Court of Claims
DANIELS v. NEW YORK STATE COUNTY AND WESTCHESTER COUNTY, # 2018-054-052, Claim No. 131020, Motion No. M-92188

Synopsis

Claim dismissed, no jurisdiction over the County of Westchester.

Case information

UID: 2018-054-052
Claimant(s): KRISTEPHER DANIELS
Claimant short name: DANIELS
Footnote (claimant name) :
Defendant(s): NEW YORK STATE COUNTY AND WESTCHESTER COUNTY
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131020
Motion number(s): M-92188
Cross-motion number(s):
Judge: WALTER RIVERA
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
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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 [1961]; Whitmore v State of New York, 55 AD2d 745, 746 [3d Dept 1976]).

Accordingly, the State of New York's

unopposed motion to dismiss Claim No. 131020 is hereby GRANTED.

May 22, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims