New York State Court of Claims

New York State Court of Claims

DURAN v. LOYD Z. PEREZ, #2002-018-185, Claim No. 105369, Motion No. M-65650


Synopsis


Defendant's motion to dismiss claim granted. Court does not have subject matter jurisdiction.

Case Information

UID:
2002-018-185
Claimant(s):
MIGUEL DURAN, NATHANIEL DURAN and SAMARI B. DURAN
Claimant short name:
DURAN
Footnote (claimant name) :

Defendant(s):
LOYD Z. PEREZ
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105369
Motion number(s):
M-65650
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
MIGUEL DURANPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: JOEL L. MARMELSTEIN, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
November 22, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant brings a motion to dismiss the claim, arguing that the claim fails to


state a cause of action against the State of New York, because the claim names as defendant,


Loyd Z. Perez, a private individual over whom this Court has no jurisdiction.


The claim seeks $200,000 in damages and custody of his children for negligence, endangering the welfare of a child, and cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution. Allegedly, Loyd Z. Perez left claimant's children with Yazer Valdez, who is unable to properly care for them, to go out to nightclubs and parties. The Court of Claims is a court of limited jurisdiction, having the authority to hear only those claims specifically authorized by statute, and only those claims brought against the State of New York (Court of Claims Act §9). There are no allegations in the claim that the State did anything wrong or had any involvement with the placement, control, or care of claimant's children. Accordingly, this Court lacks subject matter jurisdiction to hear this claim.

As a result of the foregoing defendant's motion is GRANTED and the claim is DISMISSED.

November 22, 2002
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:

Notice of Motion..........................................................................................1

Affirmation of Joel L. Marmelstein, Assistant Attorney General,

in support with exhibit attached thereto..............................................2


No response was received from claimant.


Filed Documents:


Claim.............................................................................................................3