New York State Court of Claims

New York State Court of Claims

MENDOLA v. THE STATE OF NEW YORK, #2004-016-019, Claim No. 108387, Motion No. M-67892


Synopsis


Case Information

UID:
2004-016-019
Claimant(s):
ANGELO MENDOLA
Claimant short name:
MENDOLA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108387
Motion number(s):
M-67892
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Harold Chetrick, P.C.No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
April 12, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In the underlying claim, it is alleged that on November 22, 2002, "an officer and/or officers affiliated with The City of New York and/or The New York City Police Department and/or District Attorney of Queens County, and/or defendant, [the State of New York], and/or [Administration for Children's Services] . . . jumped [claimant] and threw [him] to the ground and then [claimant] was shoved, handcuffed, falsely arrested, falsely imprisoned and subjected to a number of other acts . . ." Claim, ¶10. This is defendant's motion, which is unopposed by claimant, for summary judgment dismissing the claim on the ground that this Court lacks jurisdiction. To the extent that the claim makes any allegations as to the State of New York, defendant has denied them in its answer filed on July 16, 2003. Having submitted no opposition papers on this motion, claimant does not dispute such denials.

With regard to the District Attorney of Queens County or police officers of the City of New York, "[a]llegations concerning the actions of [such persons] are not cognizable in this Court, since they are local, and not State, officials." Jones v State of New York, Ct Cl dated April 10, 2001 (motion no. M-62917, UID #2001-014-529,[1] Nadel, J.). Similarly, the Administration for Children's Services is an agency of the City of New York, not the State of New York. See, e.g., Webb v State of New York, Ct Cl dated July 1, 2003 (claim no. 107443, motion no. M-66659, UID #2003-016-051, Marin, J.).

For the foregoing reasons, having reviewed the submissions,[2] IT IS ORDERED that motion no. M-67892 be granted and claim no. 108387 be dismissed.


April 12, 2004
New York, New York

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





  1. [1]This and other decisions of the Court of Claims may be found at the Court's website: www.nyscourtofclaims.state.ny.us.
  2. [2]Along with the pleadings, the Court reviewed defendant's notice of motion with affirmation in support and exhibits A-C.