New York State Court of Claims

New York State Court of Claims

FALCIGLIA v. DETECTIVE GIBBS and DETECTIVE PISICETELLI, #2002-031-030, , Motion No. M-65058


Synopsis


Court of Claims has no jurisdiction over individual Defendants nor town for which they worked. Claimant's motion for permission to file a late claim is denied.

Case Information

UID:
2002-031-030
Claimant(s):
WAYNE FALCIGLIA
Claimant short name:
FALCIGLIA
Footnote (claimant name) :

Defendant(s):
DETECTIVE GIBBS and DETECTIVE PISICETELLI
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-65058
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
WAYNE FALCIGLIA, 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:
August 7, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 4, were read on motion by Claimant for permission to file a late claim:
1. Claimant's Notice of Motion, dated March 4, 2002 ;
2. Claimant's unsworn statement, dated March 4, 2002, with attached exhibits;
3. Affidavit of William D. Lonergan, Esq., sworn to April 26, 2002;
4. Claimant's affidavit, sworn to April 30, 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, on March 10, 2001, he was arrested by two police detectives employed by the Town of Cheektowaga. According to Claimant, during the arrest his 1994 Jeep was damaged and money and other property in the Jeep were improperly confiscated.

Defendant 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. Defendant asserts that this Court does not have jurisdiction to entertain a claim against the identified individuals.

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 individuals identified in the proposed claim or the town by which they were employed (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.

August 7, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims