New York State Court of Claims

New York State Court of Claims

PALUMBO v. STATE OF NEW YORK, #2001-014-526, Claim No. 102257, Motion No. M-62815


Synopsis


The defendant's motion to dismiss the claim, on the ground that the allegations are either against a District Attorney, or are protected by judicial immunity, is granted.

Case Information

UID:
2001-014-526
Claimant(s):
ROBERT PALUMBO
Claimant short name:
PALUMBO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102257
Motion number(s):
M-62815
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Robert Palumbo, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Alan B. Berkowitz, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 2, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the defendant's motion to dismiss the claim: Notice of Motion, Affirmation in Support and Exhibits annexed.


Upon the foregoing papers, and without opposition, the defendant's motion to dismiss the claim is granted.

The claim consists of allegations against the District Attorney of Suffolk County, and an allegation that a Suffolk County District Court Judge refused to permit the claimant to make a victim's statement at the disposition of a criminal case.

Allegations concerning the actions of a District Attorney are not cognizable in this Court, since they are local, and not State, officials. Fisher v State of New York, 10 NY2d 60. A claim seeking to review the exercise of judicial authority is barred by the doctrine of judicial immunity. Tarter v State of New York, 68 NY2d 511, 518.


April 2, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims