New York State Court of Claims

New York State Court of Claims

DORLEKU v. BERNARD BARUCH COLLEGE, #2004-030-938, Claim No. 109764, Motion Nos. M-69031, CM-69149


Synopsis


Motion to dismiss granted . . . claim was late and sought equitable relief.

Case Information

UID:
2004-030-938
Claimant(s):
SENA DORLEKU
Claimant short name:
DORLEKU
Footnote (claimant name) :

Defendant(s):
BERNARD BARUCH COLLEGE
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109764
Motion number(s):
M-69031
Cross-motion number(s):
CM-69149
Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Sena Dorleku, pro se
Defendant's attorney:
Eliot Spitzer, Attorney Generalby Grace A. Brannigan, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 28, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The court read and considered the following papers on claimant's motion for an order directing defendant to correct her financial aid records and defendant's cross-motion for an order dismissing the claim: Notice of Motion; Notice of Cross-Motion, Affirmation and Exhibits; Claim.

Claimant alleges that she is being erroneously billed by the defendant for $558.50 arising out of tuition and financial aid for the summer 1998 semester. On this motion, she states that the defendant is wrongfully withholding her academic records and she seeks an order directing the defendant to correct its records to reflect a zero balance.

As defendant notes, the jurisdiction of the Court of Claims is limited to actions seeking an award of monetary damages in the event that an employee of the defendant committed a tort or breached a contract. The court has no jurisdiction to direct the defendant to "correct" its financial records and has no power to grant the relief requested on claimant's motion.

Additionally, the papers before the court indicate that claimant attended Bernard Baruch College between January 1997 and the summer of 1998, and that any claim arising out of disputed tuition for such period was long-since time-barred when this claim was served and filed in August 2004 (Court of Claims Act §10[3], [4]).

Accordingly, the motion is denied, the cross-motion granted and the claim is dismissed.

October 28, 2004
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims