New York State Court of Claims

New York State Court of Claims

LOMBARDI v. THE STATE OF NEW YORK, #2003-010-016, Claim No. 107575, Motion No. M-66700


Synopsis


Defendant's unopposed motion to dismiss is granted. The Court does not have subject matter jurisdiction over the claim.

Case Information

UID:
2003-010-016
Claimant(s):
DIANE LOMBARDI
Claimant short name:
LOMBARDI
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107575
Motion number(s):
M-66700
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
WAYNE D. KURZNER, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Vincent Cascio, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 4, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits

The claim alleges that on March 2, 2003 claimant, a patron of a theater production in the Academic Arts Building of Westchester Community College, located at 75 Grasslands Avenue in Valhalla, fell off the stage (Ex. A). The alleged negligence is that the State, as owner, operator and controller of the State University, failed to warn claimant of the five foot drop and to guide claimant onto the stage.

Defendant submits the affirmation of Dona S. Bulluck, Associate Counsel in the Office of University Counsel for the State University of New York (SUNY), which stated that community colleges, such as Westchester Community College, are not part of SUNY and are not State agencies. SUNY is a corporation created in the New York State Education Department (Education Law §352[1]; §101) and Westchester Community College is not part of SUNY (Education Law §352[3]).

Accordingly, no remedy can be had against the State regarding the allegations of the claim and this Court does not have subject matter jurisdiction over the claim (see Amato v State of New York, 131 Misc 2d 1049; Brown v North Country Community College, 63 Misc 2d 442; Court of Claims Act §9).

Accordingly, defendant's unrefuted motion to dismiss is hereby GRANTED (CPLR 3211(a)(2) and (a)(7).


June 4, 2003
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims