New York State Court of Claims

New York State Court of Claims

TELFAIR v. THE STATE OF NEW YORK, #2002-011-595, Claim No. 102559, Motion No. M-65581


Synopsis


Defendant's motion to dismiss on the basis that the claim fails to state a claim upon which relief can be grant by this court is granted.

Case Information

UID:
2002-011-595
Claimant(s):
EUGENE TELFAIR, 97 R 5890
Claimant short name:
TELFAIR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102559
Motion number(s):
M-65581
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Eugene Telfair, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: G. Lawrence Dillon, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 17, 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 claim upon

which relief can be granted by this court.

Accepting the factual averments of the claim as true and according claimant the benefit of all favorable inferences which may be drawn from the pleading, the test on a motion to dismiss pursuant to CPLR 3211(a)(7) is whether claimant can succeed upon any reasonable view of the facts stated (Campaign for Fiscal Equity v State of New York, 86 NY2d 307).

Claimant maintains in the claim that he is entitled to monetary damages by reason of being exposed to cigarette smoke from inmates with whom he shared a double bunk cell. According to claimant, placing him in a cell with an inmate who smokes violated his constitutional right to not be subjected to cruel and unusual punishment.

As noted by defendant, noncompliance by the State with the New York State Clean Indoor Air Act (Public Health Law, Article 13-E) does not give rise to a cause of action in tort (Alamin v New York State Dep't of Correctional Servs., 241 AD2d 586), nor does a failure to comply with correctional facility smoking regulations (Rawlings v State of New York, Claim No. 96967, April 26, 1999, McNamara, J). Furthermore, though a cause of action in tort may sometimes arise under the Constitution (see, Brown v State of New York, 89 NY2d 172), the facts as alleged here are insufficient to support such a claim (see, Zulu v State of New York, Claim No. 96973, May 21, 2001, Patti, J).

Based upon the foregoing and in the absence of opposition, the motion is granted and the claim is dismissed.


October 17, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated July 30, 2002
2. Affirmation in Support of G. Lawrence Dillon, Esq. dated July 29, 2002 with exhibits annexed