This is defendant's motion to dismiss the claim of Dominick Larocco on the
grounds that: (1) the claim was untimely served and filed; (2) the notice of
intention improperly named the County of Queens as the defendant; and (3)
collateral estoppel and res judicata bar the claim.
The underlying claim is for "false imprisonment, unjust conviction, unjust
imprisonment, malicious prosecution, wrongful conviction, intentional infliction
of emotional and physical distress, mental and emotional cruelty, physical and
emotional torture, and violating claimant[']s N.Y.S. Constitutional [rights] . .
." Claim, ¶3. The claim arises from claimant's September 4, 1996 arrest,
his subsequent guilty plea and his September 17, 1997 sentencing to 8 to 16
years in prison. See claim ¶¶9-15.
Claimant essentially asserts that he is innocent and that his plea was
coerced. Rather than addressing defendant's arguments, a more fundamental issue
must be addressed, which is that Mr. Larocco's claim contains no allegations of
wrongdoing by the State of New York in connection with his arrest, plea, or
sentencing. "The Court of Claims does not have jurisdiction over claims against
the City or County officials who brought and prosecuted the criminal charges."
Preston v State of New York
, Ct Cl dated June 26, 2000 (unreported, claim
no. 101878, motion no. M-61394, Read, J., UID
). In short, the Court of Claims
does not have subject matter jurisdiction over this claim.
Accordingly, having reviewed the submissions
IT IS ORDERED that motion no. M-68950 be granted and claim no. 109598 be