New York State Court of Claims

New York State Court of Claims

FLEMMING v. THE STATE OF NEW YORK, #2004-009-42, Claim No. 109259, Motion No. M-68660


Synopsis


Claimant's motion for an order permitting him to add additional named defendants was denied.

Case Information

UID:
2004-009-42
Claimant(s):
WOODROW FLEMMING The Court has amended the caption of this claim to reflect its decision made herein. The Court has also amended the caption as it pertains to the claimant, to reflect the fact that Woodrow Flemming is the sole claimant in this action.
Claimant short name:
FLEMMING
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has amended the caption of this claim to reflect its decision made herein. The Court has also amended the caption as it pertains to the claimant, to reflect the fact that Woodrow Flemming is the sole claimant in this action.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109259
Motion number(s):
M-68660
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant's attorney:
WOODROW FLEMMING, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney GeneralBY: No Appearance.
Third-party defendant's attorney:

Signature date:
August 16, 2004
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has brought this motion for an order permitting him to add additional named defendants to this claim.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affidavit, with Exhibits 1,2


Filed Papers: Claim

In his filed claim, claimant seeks damages against the State, as well as named officials and officers at Mohawk Correctional Facility and members of the medical staff at the Walsh Medical Complex, for injuries suffered by him (and his subsequent medical treatment) from a fall which occurred on March 21, 2004.

In this motion, claimant now seeks to add additional correction officers and members of the medical staff as named defendants. The Court of Claims, however, is a court of limited jurisdiction, which is authorized to hear claims only against the State of New York and certain public authorities.[1] When the alleged wrongdoer is a State employee, department, or agency, the proper party defendant in this Court is the "State of New York" only, and not the named employee, department, or agency. Accordingly, this Court does not have subject matter jurisdiction over the individuals who are specifically named as defendants in this claim or in this motion.

Therefore, it is

ORDERED, that Motion No. M-68660 is hereby DENIED; and it is further

ORDERED, that the caption of this claim is hereby amended to reflect the State of New York as the only proper defendant over which this Court has jurisdiction.


August 16, 2004
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims




[1] None of the public authorities subject to jurisdiction of the Court of Claims were named as defendants in the instant claim.