New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2000-016-052, Claim Nos. 102419, 102420, Motion No. M-61863


Synopsis


Claim of pro se inmate alleging injuries sustained at Rikers Island was dismissed on motion.

Case Information

UID:
2000-016-052
Claimant(s):
TRUDELL GREEN (A.K.A. JOHN BROWN, A.K.A. JOE REED)
Claimant short name:
GREEN
Footnote (claimant name) :

Defendant(s):
CAPTAIN STINGER, SHIELD NUMBER 6661, WEST CORRECTIONAL FACILITY, RIKERS ISLAND, 11-11 EAST ELMHURST, HAZEN STREET, QUEENS, NEW YORK 11370
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102419, 102420
Motion number(s):
M-61863
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, AAG
Third-party defendant's attorney:

Signature date:
July 26, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

In his underlying claims, pro se claimant Trudell Green complains of injuries allegedly sustained by him at Rikers Island. This is defendant's motion to dismiss the claim on the grounds that: 1) Rikers Island is not owned, operated or maintained by the state; 2) the claim was improperly served by regular mail; and 3) the claim was untimely served.

Rikers Island is a facility of the Department of Corrections of the City of New York. See The Green Book, The Official Directory of the City of New York (2000-2001 ed at pp. 101-103). Moreover, Rikers Island is not listed in the designation of New York State correctional facilities set forth in the Official Compilation of Codes, Rules & Regulations of the State of New York, title 7, part 100. In short, Rikers Island is not owned, operated or maintained by the State of New York. None of the facts asserted in Green's claims implicate the State of New York or its employees as liable for claimant's injuries. The Court of Claims Act only grants this Court jurisdiction over specified claims against the State of New York. A small number of other entities are subject to the jurisdiction of the Court of Claims via explicit statutory authority, for example, the New York State Thruway Authority by Public Authorities Law §361-b and the senior colleges of the City University of New York by Education Law §6224(4), but there is no statutory or other authority subjecting the City of New York to the jurisdiction of this Court. In sum, this Court lacks jurisdiction over Green's claims. Accordingly, it is not necessary to address defendant's additional grounds for its motion.

For the foregoing reasons, having reviewed the parties' submissions[1], IT IS ORDERED that claim nos. 102419 and 102420 of Trudell Green are dismissed.



July 26, 2000
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




[1]Along with the pleadings, the following were reviewed: defendant's notice of motion with affirmation in support and Exhibits A-C. Claimant submitted no opposition papers.