New York State Court of Claims

New York State Court of Claims

HILL v. ALBANY COUNTY CORRECTIONAL FACILITY, #2003-028-516, Claim No. 106867, Motion No. M-66123


Synopsis


Defendant's motion to dismiss the claim for lack of subject matter jurisdiction is granted as Albany County Correctional Facility is not.

Case Information

UID:
2003-028-516
Claimant(s):
JAMES HILL
Claimant short name:
HILL
Footnote (claimant name) :

Defendant(s):
ALBANY COUNTY CORRECTIONAL FACILITY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106867
Motion number(s):
M-66123
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
JAMES HILL, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Michael C. Rizzo, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 5, 2003
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Claimant's motion to dismiss the Claim


pursuant to CPLR 3211:

1) Notice of Motion and Supporting Affidavit of Michael C. Rizzo filed November 12, 2002 (Rizzo Affidavit) with annexed Exhibit A;

Opposition Papers: NONE.


Filed Papers: Claim.

The Defendant, by pre-answer motion, moves to dismiss the Claim pursuant to CPLR 3211(a)(2) and (7) maintaining the Claim fails to state a cause of action against the State of New York. The Claimant has failed to oppose the motion.

The Claimant alleges that on August 8, 2002 while in the recreation yard of the Albany County Correctional Facility he was struck by a volleyball which resulted in the dislocation of a finger. Thereafter, Claimant alleges he was denied proper medical treatment.

A sheriff and his staff are local employees not State officers within the jurisdiction of this Court (Williams v State of New York, 90 AD2d 861; Bradford v State of New York, [Ct Cl, Collins, J.], Claim No. 100251, Motion Nos. M-61031, CM-61078, UID #2000-015-007, March 2, 2000; Fonfa v State of New York, 88 Misc 2d 343). As a consequence, this Court lacks the subject matter jurisdiction to entertain the claim[1].

For the reasons stated herein, Defendant's motion to dismiss the claim is granted.


March 5, 2003
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims




[1] The Court notes that the filing fee was paid by a check drawn on the Albany County Correctional Facility inmate account.