New York State Court of Claims

New York State Court of Claims

GILYARD v. THE STATE OF NEW YORK, #2002-031-022, Claim No. 102882, Motion No. M-64807


Synopsis


Court of Claims has no jurisdiction over individual. Claimant's request to amend claim by adding individual defendant is denied.

Case Information

UID:
2002-031-022
Claimant(s):
ALLEN GILYARD
Claimant short name:
GILYARD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102882
Motion number(s):
M-64807
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
ALLEN GILYARD, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General of the State of New York
BY: WILLIAM D. LONERGAN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 14, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 3, were read on motion by Claimant for permission to serve an amended claim:
  1. Claimant's Notice of Motion, filed March 4, 2002 ;
  2. Claimant's Affidavit, sworn to February 26, 2002 with attached exhibits;
  3. Affidavit of William D. Lonergan, sworn to March 7, 2002;
This is Claimant's motion seeking permission to serve an amended claim, pursuant to CPLR §3025. The underlying claim in this matter alleges that Claimant was assaulted by another inmate and that Defendant was negligent in failing to prevent the attack. In his proposed amended claim, Claimant seeks to add his assailant as a named defendant.

The State opposes the motion, correctly asserting that this Court has no jurisdiction to entertain a claim against this proposed individual. The Court of Claims is a court of limited jurisdiction with power to hear claims only against the State and certain public authorities (Court of Claims Act § 9). This Court does not have jurisdiction over and may not entertain a claim against the individual who assaulted Claimant ( see, Whitmore v State of New York, 55 AD2d 745, 746, lv denied 42 NY2d 810; Jones v State of New York, 69 Misc.2d 1034).

Based on the foregoing, it is;

ORDERED, Claimant's motion for permission to amend his claim is denied.

June 14, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims