New York State Court of Claims

New York State Court of Claims

GILL v. THE STATE OF NEW YORK, #2001-005-521, Claim No. 103750, Motion No. M-63268


Synopsis


Defendant's motion to dismiss the claim pursuant to CPLR 3211 is granted.

Case Information

UID:
2001-005-521
Claimant(s):
ANTHONY G. GILL
Claimant short name:
GILL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103750
Motion number(s):
M-63268
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Anthony G. Gill,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Michael R. O'Neill, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 13, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On April 18, 2001, the following papers, numbered 1 to 5, were read on motion by Defendant for the dismissal of the claim pursuant to CPLR 3211:

1, 2 Notice of Motion, Affirmation and Exhibit Annexed
  1. Claimant's Opposition
4, 5 Filed Papers: Claim, Decision in Claim No. 99210

Upon the foregoing papers, this motion is granted and the claim is dismissed.

Defendant moves for dismissal on the grounds that the Court of Claims lacks jurisdiction over the subject matter of Claimant's cause of action (CPLR 3211[a][2]) and that the pleading fails to state a cause of action upon which relief may be granted (CPLR 3211 [a][7]). Claimant alleges that upon returning from University Hospital at Syracuse for medical treatment at approximately 2:15 p.m. on January 19, 2001, an unnamed correction officer at Auburn Correctional Facility failed to provide Claimant with a noon meal. Consequently, Claimant alleges, inter alia, that he sustained pain and suffering. Claimant's allegations sounding in negligence, however, are insufficient to create a cause of action for compensatory damages and must be dismissed.

Contrary to Defendant's assertion in its Motion to Dismiss, an inmate is not required to exhaust any administrative remedies prior to filing a claim with this court, except in the singular cause of action sounding in bailment (Court of Claims Act §10[9]). Nonetheless, Claimant has still failed to state a cause of action.

I have previously responded to Claimant in like fashion. In a decision dated February 9, 2001, I held that Claimant was not entitled to monetary damages when several of his meals were served cold, as opposed to room temperature, while he was in the prison infirmary (Gill v State of New York, Claim No. 99210). In addition, I stated that this was an administrative issue covered by internal grievance protocols.

Likewise and regardless of whether Claimant's assertions in the instant claim are true, there is no cause of action for compensatory damages for untimely meal service. Claimant was outside of the prison and undergoing medical treatment during the lunch hour and until approximately 2:15 p.m. The evening meal was then served to Claimant at about 3:45 p.m. Again, such claims may be addressed through remedies internal to the prison. In addition, Claimant's allegations in his opposition, that he endured a cruel and unusual punishment, may be subject of a federal civil rights action, but, in any event, are not actionable here.

The claim before me today approaches the frivolity characterized by Claimant's previous allegations in Claim No. 99210. I presume that the filing fees Claimant has incurred to date will deter future like claims regarding the timeliness and quality of prison meal service. Defendant's motion to dismiss is granted, and this claim is dismissed.


July 13, 2001
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims