New York State Court of Claims

New York State Court of Claims

JONES v. THE PEOPLE OF THE STATE OF NEW YORK, ETC., #2001-014-529, , Motion No. M-62917


Synopsis


Application for permission to file a late claim is denied.

Case Information

UID:
2001-014-529
Claimant(s):
ALFONZO JONES
Claimant short name:
JONES
Footnote (claimant name) :

Defendant(s):
THE PEOPLE OF THE STATE OF NEW YORK, ETC.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-62917
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Alfonzo Jones, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 10, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the claimant's application for permission to file a late claim: Notice of Intention to File a Claim, Affidavit in Support of Notice of Claim, Paper filed January 29, 2001, Paper filed February 1, 2001; Affirmation in Opposition and Exhibit annexed.


Upon review of the claimant's submission, it appears that he seeks permission to file a late claim based upon allegations against the New York City Police Department and a District Attorney, in connection with a criminal prosecution arising out of his arrest on July 29, 2000. Allegations concerning the actions of a District Attorney or of New York City police officers are not cognizable in this Court, since they are local, and not State, officials. Fisher v State of New York, 10 NY2d 60. While the specific allegations in the proposed claim are not entirely clear, it is clear that none of them are made against anyone subject to the limited jurisdiction of this Court. Court of Claims Act §9.

Accordingly, the claimant's application is denied.


April 10, 2001
New York, New York

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