New York State Court of Claims

New York State Court of Claims

BRIGGS v. THE STATE OF NEW YORK, #2000-016-094, Claim No. 102848, Motion No. M-62525


Synopsis


Pro se claim based on alleged false arrest by New York City Police was dismissed for lack of jurisdiction.

Case Information

UID:
2000-016-094
Claimant(s):
VERON BRIGGS
Claimant short name:
BRIGGS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102848
Motion number(s):
M-62525
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:
November 2, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, pro se claimant Veron Briggs asserts that he was falsely arrested by officers of the New York City Police Department, which resulted in his spending nine months in jail and suffering a parole violation. He further asserts that thereafter, the charges against him were dismissed. See Claim, ¶2 and the undesignated attachment thereto. This is defendant's motion to dismiss on the grounds that this Court lacks jurisdiction. The Court of Claims does not have jurisdiction over the City of New York or its police officers; the Court of Claims Act only grants this Court jurisdiction over specified suits against the State of New York. There are several entities other than the state which are subject to Court of Claims jurisdiction by explicit statutory authority, for example the New York State Thruway Authority (by Public Authorities Law §361-b) or the senior colleges of the City University of New York (by Education Law §6224.4), but the City of New York and its police officers do not fall in this category. See, e.g., Whitmore v State of New York, 55 AD2d 745, 389 NYS2d 443 (3d Dept 1976); Murph v State of New York, 105 Misc 2d 684, 432 NYS2d 833 (Ct Cl 1980).

For the foregoing reasons, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-62525 is granted and the claim of Veron Briggs is dismissed.


November 2, 2000
New York, New York

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




  1. [1]Along with the claim, the Court reviewed defendant's notice of motion with affirmation in support and Exhibits A and B. Claimant filed no opposition papers.