New York State Court of Claims

New York State Court of Claims

LAROCCO v. THE STATE OF NEW YORK, #2004-016-069, Claim No. 109598, Motion No. M-68950


Synopsis


Claim was dismissed for lack of jurisdiction.

Case Information

UID:
2004-016-069
Claimant(s):
DOMINICK LAROCCO
Claimant short name:
LAROCCO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109598
Motion number(s):
M-68950
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Dominick Larocco
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
October 26, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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.[1] 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 #2000-001-028[2]). In short, the Court of Claims does not have subject matter jurisdiction over this claim.

Accordingly, having reviewed the submissions[3], IT IS ORDERED that motion no. M-68950 be granted and claim no. 109598 be dismissed.


October 26, 2004
New York, New York

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




  1. [1]Claimant alleges that he was arrested on charges of second degree murder, assault, reckless endangerment and criminal possession of a weapon. He also alleges that he was indicted on murder and weapons charges. It is unclear from the claim as to what charges he plead guilty.
  2. [2]This and other decisions of the Court of Claims may be found on the Court's website: www.nyscourtofclaims.state.ny.us.
  3. [3]The Court reviewed defendant's notice of motion with affirmation in support and exhibits A-C; and claimant's "Affidavit in Support of Defendant's Affirmation in Support of Claimant's Claim."