New York State Court of Claims

New York State Court of Claims

HARLEY v. THE STATE OF NEW YORK, #2001-016-006, Claim No. 101666, Motion No. M-61156


Synopsis


Claim of pro se claimant asserting misconduct of appointed criminal lawyer was dismissed on grounds of no jurisdiction.

Case Information

UID:
2001-016-006
Claimant(s):
ELROY HARLEY
Claimant short name:
HARLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101666
Motion number(s):
M-61156
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:
January 25, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underling action, pro se claimant Elroy Harley alleges misconduct by the attorney assigned to represent him in a criminal trial at the Bronx County Supreme Court. This is defendant's motion to dismiss on the grounds that this Court lacks jurisdiction.

"[T]he State of New York is not liable for misconduct, negligence, malpractice, etc. of attorneys appointed to represent defendants in criminal actions." Brown v Glovin, Claim No. 87706, unreported decision filed April 15, 1998 (Mega, J.)

Accordingly, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-61156 is granted and claim no. 101666 is dismissed. Also, as the Department of Corrections has advised that claimant died in November, 2000, IT IS ORDERED that a copy of this order be served at claimant's last known address.



January 25, 2001
New York, New York

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




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