Application to file late claim is denied where acts and omissions set forth in proposed claim allege a claim, if any, solely against the County of Schenectady rather than the State of New York, and the Court accordingly lacks jurisdiction.
|Claimant short name:||WELCH|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, SCHENECTADY COUNTY, et al|
|Footnote (defendant name) :|
|Judge:||FRANK P. MILANO|
|Claimant's attorney:||AARON WELCH
|Defendant's attorney:||HON. LETITIA JAMES
New York State Attorney General
By: Glenn C. King, Esq.
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||October 5, 2020|
|See also (multicaptioned case)|
Claimant moves for permission to file a late claim pursuant to Court of Claims Act 10 (6).
The proposed claim alleges that claimant was provided ineffective assistance of counsel by the Schenectady County Public Defender's Office in a Family Court proceeding.
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 , lv dismissed 6 NY3d 807 ; NY Const., Art. VI, § 9; Court of Claims Act § 9).
The Court thus lacks jurisdiction over the proposed claim alleging tortious acts by an attorney neither employed by, nor acting on behalf of, the State of New York (Morell v Balasubramanian, 70 NY2d 297 ).
The claimant's motion for permission to file a late claim is denied.
October 5, 2020
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
1. Claimant's Notice of Motion to Serve Late Notice of Claim, filed August 18, 2020;
2. Affidavit of Aaron Welch, sworn to July 30, 2020, and annexed exhibits;
3. Affirmation in Opposition of Glenn C. King, dated September 8, 2020.