New York State Court of Claims

New York State Court of Claims

MORENO v. THE STATE OF NEW YORK, #2002-011-574, Claim No. 105535, Motion No. M-65214


Synopsis


Claimant's motion for an order of protection or restraining order is denied.

Case Information

UID:
2002-011-574
Claimant(s):
MICHAEL MORENO, 96 B 1513
Claimant short name:
MORENO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105535
Motion number(s):
M-65214
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Michael Moreno, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 26, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has made a motion requesting an order of protection or alternatively a restraining

order. Claimant alleges that he was transferred back to Upstate Correctional Facility, where this claim arose, for the purpose of allowing employees of defendant to retaliate against him for bringing this claim.

The Court of Claims is a court of limited jurisdiction and the powers conferred upon the Court do not include the authority to provide the type of relief sought here (see Court of Claims Act §9). Accordingly, the motion is denied.


August 26, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Verified Motion sworn to the 25th day of April, 2002
2. Affirmation in Opposition of Kevan J. Acton, Esq. dated May 2, 2002