New York State Court of Claims

New York State Court of Claims

LEAHY v. THE STATE OF NEW YORK, #2005-010-005, Claim No. 110107, Motion No. M-69517


Synopsis


Defendant's unopposed motion to dismiss is granted.

Case Information

UID:
2005-010-005
Claimant(s):
THOMAS LEAHY AND SANDRA LEAHY
Claimant short name:
LEAHY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110107
Motion number(s):
M-69517
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
WORBY, GRONER, EDELMAN, LLP
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Dian Kerr McCullough, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 8, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits

The claim alleges that on August 31, 2004, Thomas Leahy sustained physical injury on the premises of D'Assern Housing, Building #1, D'Assern Drive, The Children's Village, Dobbs Ferry (Ex. A). The alleged negligence is that the State, as owner, operator, controller, and manager of the premises, failed to keep the area safe for those walking on the premises.

Defendant submits the affirmation of Irene K. Ropelewski, the Senior Attorney with the New York State Office of Children and Family Services, which states that the State neither owned, operated, managed nor controlled the Children's Village; rather it is a privately owned organization and its employees are not employees of the State. Thus, no remedy can be had against the State regarding the allegations of the claim and this Court does not have subject matter jurisdiction over the claim (see Amato v State of New York, 131 Misc 2d 1049; Brown v North Country Community College, 63 Misc 2d 442; Court of Claims Act §9).

Accordingly, defendant's unrefuted motion to dismiss is hereby GRANTED (CPLR 3211[a][2] and [a][7]).


February 8, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims