New York State Court of Claims

New York State Court of Claims

QUARCINI v. THE STATE OF NEW YORK, and ETC., #2002-031-026, , Motion No. M-64987


Synopsis


Court of Claims has no jurisdiction over County and individual Defendants. Claimant's motion for permission to file a late claim is denied

Case Information

UID:
2002-031-026
Claimant(s):
JOHN QUARCINI
Claimant short name:
QUARCINI
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, and ETC.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-64987
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
JOHN QUARCINI, 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:
July 9, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers, numbered 1 to 6, were read on motion by Claimant for permission to file a late claim:
  1. Claimant's Notice of Motion, filed April 1, 2002;
  2. Claimant's Affidavit, sworn to March 27, 2002, with attached exhibits;
  3. Affidavit of William D. Lonergan, Esq., sworn to April 11, 2002;
  4. Affidavit of William D. Lonergan, Esq., sworn to April 15, 2002;
  5. Claimant's affidavit, sworn to April 23, 2002;
  6. Affidavit of William D. Lonergan, Esq., sworn to April 26, 2002
This is Claimant's motion seeking permission to file a late claim, pursuant to Court of Claims Act ("CCA") §10(6). Claimant alleges that, in October of 2000, while he was incarcerated in the Niagara County Jail, certain privileged information was improperly reviewed and passed on to his girlfriend by employees of Niagara County.

Counsel for the State opposes the application, correctly pointing out that the proposed claim does not state an action against the State of New York, and that it fails to allege any misfeasance on the part of a State employee or agent. Counsel asserts that this Court does not have jurisdiction to entertain a claim against the County of Niagara and the identified individuals. Claimant, in response to the State's opposing papers, admits that his action is not against the State of New York.

The Court of Claims is a court of limited jurisdiction with power to hear claims only against the State and certain public authorities (CCA § 9). This Court does not have jurisdiction over and may not entertain a claim against either the County of Niagara or the individuals who allegedly committed the acts alleged in the proposed claim ( 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 file a late claim is denied.

July 9, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims