New York State Court of Claims

New York State Court of Claims

MALLOY v. THE STATE OF NEW YORK, #2003-010-043, Claim No. 105437


Synopsis


Case Information

UID:
2003-010-043
Claimant(s):
ANTHONY MALLOY
Claimant short name:
MALLOY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105437
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ANTHONY MALLOYPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 17, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks $500 million dollars for defendant's failure to produce a videotape that claimant requested pursuant to the Freedom of Information Law (FOIL) codified in Article 6 of the Public Officers Law. Claimant alleges that this tape was necessary for the prosecution of his three other claims (Claim Nos. 100863, 100864 and 100865), which were dismissed on procedural grounds by Decision and Order of the Hon. Susan Phillips Read, filed December 12, 2001.[1]
Access to governmental records is provided pursuant to the statutory scheme set forth in Section 89 of the Public Officers Law. If access is denied, subdivision (4) of Section 89 provides a civil remedy by way of an Article 78 proceeding, with counsel fees and court costs available, as well as a criminal sanction (NY McKinneys, Public Officers Law §89). To go beyond the statutory remedies and imply a private cause of action for money damages would be an "improper judicial usurpation of the legislative function" (
Warburton v State of New York, 173 Misc 2d 879, 882).
Accordingly, defendant's motion to dismiss, upon which decision was reserved, is now GRANTED.

LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 105437.


February 17, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1] Notably, even if the tape had been turned over to claimant, it would not have been a bar to the procedural dismissals.