New York State Court of Claims

New York State Court of Claims

DINKINS v. THE STATE OF NEW YORK, #2000-011-535, Claim No. 101735, Motion No. M-61348


Synopsis


The defendant's motion to dismiss the claim on the basis that the court does not have jurisdiction over the named individual defendant, is denied. The caption is amended to name the State of New York as the only defendant.

Case Information

UID:
2000-011-535
Claimant(s):
DONNIE DINKINS
Claimant short name:
DINKINS
Footnote (claimant name) :

Defendant(s):
GREAT MEADOW DEPUTY OF ADMINISTRATION, MRS. COLLEEN R. HOOPERS
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101735
Motion number(s):
M-61348
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Donnie Dinkins, 97 A 1113, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
May 25, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


The State has moved to dismiss the claim on the basis that the court does not have jurisdiction over the named individual defendant. The claim is based on allegations that certain items of personal property were lost while in the control of employees of the State.

While the jurisdiction of this court is limited to claims against the State of New York and certain public authorities, the claim alleges a cause of action against the State and was served on the Attorney General as required by the Court of Claims Act. Though the court does not have jurisdiction over a claim against the individual named defendant, the failure to correctly name the State of New York as the defendant in the caption of the action is an error in form which is within the power of the court to correct (Court of Claims Act §9[8]). Accordingly, the caption is amended to name the State of New York as the only defendant and any claim as against Colleen R. Hoopers is dismissed.


May 25, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Considered:

  1. Notice of Motion to Dismiss dated March 13, 2000.
  2. Affirmation of Eileen E. Bryant, Esq., dated March 13, 2000 with exhibits annexed.