New York State Court of Claims

New York State Court of Claims

QADER v. DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE, #2002-010-043, Claim No. 106138, Motion No. M-65446


Synopsis


defendant's motion to dismiss for failure to state a claim and lack of subject matter jurisdiction is granted.

Case Information

UID:
2002-010-043
Claimant(s):
ROSE M. QADER
Claimant short name:
QADER
Footnote (claimant name) :

Defendant(s):
DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106138
Motion number(s):
M-65446
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ROSE M. QADERPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 19, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on defendant's motion to dismiss for failure to state a claim and lack of subject matter jurisdiction:
Notice of Motion, Attorney's Supporting Affirmation............................................1

Claimant's Affidavit in Opposition.........................................................................2

Claim No. 106138 alleges that on February 7, 2000, in the White Plains and Yonkers Courts, the "Department of Labor Unemployment Insurance Lied to me Discrimination accusing me with out a [illegible] violation to my civil right suffering for job Difficulty to concentraite my self esteemy Empty promise sleep disturbance force me to play guilty and threatened me second class of citizen Ridicule me bias by the juge suffering emotion distress short cut to conviction [sic]" (Claim, ¶ 2).

Even given the most liberal reading, the claim fails to state, with sufficient particularity, the basis of claimant's allegation against the State (Court of Claims Act § 11[b]). Additionally, claimant‘s affidavit does not amplify the pleading. Accordingly, the claim warrants dismissal (CPLR 3211[a][7]).

Defendant's motion to dismiss is GRANTED.

July 19, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims