New York State Court of Claims

New York State Court of Claims

DUNLOP v. THE STATE OF NEW YORK, #2004-019-583, Claim Nos. 106718,108264, Motion No. M-69078


Synopsis


Claimant's motion for a preliminary injunction is denied.

Case Information

UID:
2004-019-583
Claimant(s):
RAYMOND DUNLOP
Claimant short name:
DUNLOP
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106718,108264
Motion number(s):
M-69078
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
RAYMOND DUNLOP, 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:
October 12, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a pro se inmate, moves for a temporary restraining order prohibiting the defendant from various acts during the pendency of these matters. The State of New York (hereinafter "State") opposes the motion.

By way of this motion, claimant alleges that correction officers at Southport Correctional Facility have been mistreating him by, among other things, intentionally taking all his legal documents related to this claim. Claimant requests a temporary restraining order preventing the correction officers from engaging in such conduct.

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. The State's request for sanctions is denied as well.


In view of the foregoing, it is ORDERED, that claimant's motion for a temporary restraining order, Motion No. M-69078, is DENIED.


October 12, 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 No. 106718, filed September 30, 2002.
  2. Claim No. 108264, filed September 11, 2003.
  3. "Affidavit Motion", Motion No. M-69078, of Raymond Dunlop, sworn to September 8, 2004, and filed September 13, 2004.
  4. Letter from Raymond Dunlop to Court, dated September 20, 2004, and received by the Court on September 24, 2004.
  5. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated September 30, 2004, and filed October 4, 2004.

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