New York State Court of Claims

New York State Court of Claims

GREEN v. STATE OF NEW YORK, #2002-011-547, Claim No. 104740, Motion No. M-64842


Synopsis


Defendant's motion to dismiss the claim on the basis that it fails to state a cause of action and does not comply with the requirement in CCA§11(b) is granted.

Case Information

UID:
2002-011-547
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104740
Motion number(s):
M-64842
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Shawn Green, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kathleen M. Resnick, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 31, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim on the basis that it fails to state a cause of action

and does not comply with the requirement in Court of Claims Act section 11(b) that all claims set forth the total sum claimed.

The claim is based upon an allegation that a correction counselor issued a false misbehavior report against claimant. However, as defendant argues, in carrying out their duties relating to security and discipline, the actions of correction employees are quasi-judicial in nature and are cloaked with absolute immunity (Arteaga v State of New York, 72 NY2d 212, 220). Therefore, the allegations in the claim are insufficient to support a cause of action. Accordingly, the motion is granted and the claim is dismissed.


May 31, 2002
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

1. Notice of Motion dated March 12, 2002
2. Affirmation in Support dated March 12, 2002 with exhibits annexed.
3. Unsworn letter in Opposition of Shawn Green dated March 20, 2002 with exhibits annexed