New York State Court of Claims

New York State Court of Claims

VILLA v. THE STATE OF NEW YORK, #2000-010-020, Claim No. 101904, Motion No. M-61426


Synopsis


Defendant's motion to dismiss.

Case Information

UID:
2000-010-020
Claimant(s):
JUAN VILLA
Claimant short name:
VILLA
Footnote (claimant name) :
The Court has, sua sponte, amended the caption to reflect the proper spelling of claimant's first name.
Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101904
Motion number(s):
M-61426
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JUAN VILLAPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Richard Lombardo, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 24, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation, Affidavit of Lisa K. Cunningham and Exhibits..........................................................................................1

Supplemental Affidavit of Lisa K. Cunningham......................................................2

Filed Papers: Claim

Claim No. 101904 alleges:

This claim is for the failure of Lisa Cunningham, Deputy [C]hief Clerk of the Supreme Court of the State of New York, Westchester County failure [sic] to perform her duty properly and timely to file, and docket claimant [sic] Article 78 petition and assigned it to a judge as require [sic] by the rules of the court.


(Claim, ¶2).


Claimant further alleges that on December 28, 1999, he sent an Article 78 petition to the Supreme Court and the petition has neither been filed nor assigned to a judge, despite subsequent inquiries by claimant (Claim ¶3). The alleged damages are:

By the denial of Lisa Cunningham, the Deputy Chief Clerk to allow the claimant to have access to the court to challenge the correctional Medical Services of Westchester County Jail [sic] refusal to have him see a [sic] outside specialist to treat him for his scalp infection has cause [sic] the infection to get worse. Therefore claimant is suing for $40,000.00 in damage [sic].


(Claim ¶ 5).


Preliminarily, this claim is essentially an Article 78 proceeding to compel the clerk to file claimant's petition in Supreme Court and is not a proper claim for money damages before this Court (see, Sidoti v State of New York, 115 AD2d 202).

In any event, the claim is moot. The affidavit of Lisa K. Cunningham indicates that on March 10, 2000, claimant's Article 78 petition was given an Index Number and assigned to Hon. Peter Leavitt. Cunningham's Supplemental Affidavit further indicates that on March 17, 2000, claimant's Article 78 petition was forwarded to the judge's chambers for disposition.

Accordingly, defendant's unopposed motion to dismiss is hereby GRANTED.


May 24, 2000
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims