New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2004-019-510, Claim No. 107834, Motion No. M-67809


Synopsis


Claimant's motion for a preliminary injunction is denied.

Case Information

UID:
2004-019-510
Claimant(s):
MICHAEL S. JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107834
Motion number(s):
M-67809
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
MICHAEL S. JOHNSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
January 29, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a pro se inmate, moves for an order enjoining and restraining the defendant from various acts during the pendency of this matter pursuant to CPLR Article 63. The State of New York (hereinafter "State") opposes the motion.

This claim alleges that claimant contracted tuberculosis while incarcerated at Southport Correctional Facility due to the deliberate indifference of facility officials regarding the sanitary conditions at said facility, as well as claims of medical negligence regarding claimant's knee brace, and access to eye doctors and dentists. By way of this motion, claimant seeks a preliminary injunction during the pendency of this action enjoining the defendant from "[h]arassing, deprieving [sic] him of adequate medical, harassments of repraisals [sic] by correction staff...." (Claimant's Affidavit, Wherefore clause).


The Court of Claims is a court of limited jurisdiction and the powers conferred upon the court do not include the authority to provide the type of equitable relief requested. (Court of Claims Act, § 9; Moreno v State of New York, Ct Cl, August 26, 2002, McNamara, J., Claim No. 105535, Motion No. M-65214 [UID No. 2002-011-574]).[1] Accordingly, claimant's motion must be denied.


In view of the foregoing, it is ORDERED, that claimant's motion for a preliminary injunction, Motion No. M-67809, is DENIED.



January 29, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims



The Court has considered the following papers in connection with this motion:

  1. Claim, filed June 5, 2003.
  2. Notice of Motion No. M-67809, dated December 5, 2003, and filed December 24, 2003.
  3. Affidavit of Michael S. Johnson, in support of motion, sworn to December 5, 2003, with attachments.
  4. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated and filed December 17, 2003.

[1]Unreported decisions from the Court of Claims are available via the Internet at