New York State Court of Claims

New York State Court of Claims

WEBB v. THE STATE OF NEW YORK, and THE ADMINISTRATION FOR CHILDRENS SERVICES (ACS), #2003-016-051, Claim No. 107443, Motion No. M-66659


Synopsis


Claim complaining of action of the New York City Administration for Children's Services was dismissed on the grounds that the Court of Claims lacks jurisdiction.

Case Information

UID:
2003-016-051
Claimant(s):
FREEMAN WEBB, 95A0087,CHRISTINA FATIMA WEBB (MINOR CHILD)
Claimant short name:
WEBB
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, and THE ADMINISTRATION FOR CHILDRENS SERVICES (ACS)
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107443
Motion number(s):
M-66659
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Freeman Webb, individually and on behalf of Christina Fatima Webb, Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
July 1, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

This is defendant, State of New York's motion to dismiss the claim of Freeman Webb, individually and on behalf of his daughter Christina Fatima Webb, on the ground that this Court lacks jurisdiction over the claim. The underlying claim complains of actions of the New York City Administration for Children's Services and a "welfare specialist" for such agency. The Administration for Children's Services is an agency of the City of New York, not the State of New York. See, e.g., Gray and Bonds v State of New York, Ct Cl filed February 2, 2001 (claim no. 102538, motion no. M-62044, unreported, Waldon, J.). See also The Green Book, The Official Directory of the City of New York, 2002-2003, pp. 62-66.

The Court of Claims Act only grants this Court jurisdiction over specified suits against the State of New York. While there are a handful of entities other than the State which are made subject to Court of Claims jurisdiction by explicit statutory authority, for example the New York State Thruway Authority (by Public Authorities Law §361-b) or the senior colleges of the City University of New York (by Education Law §6224.4), the City of New York is not one of these entities. In short, this Court lacks jurisdiction over this claim.

In view of the foregoing, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-66659 be granted and claim no. 107443 be dismissed.


July 1, 2003
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: defendant's notice of motion with affirmation in support and exhibits A-D; and claimants' "Reply to Motion to Dismiss."