New York State Court of Claims

New York State Court of Claims

CHATIN v. THE STATE OF NEW YORK, #2005-016-001, Claim No. 108771, Motion No. M-69383


Synopsis



Case Information

UID:
2005-016-001
Claimant(s):
CLAY CHATIN
Claimant short name:
CHATIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108771
Motion number(s):
M-69383
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Clay Chatin, Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralNo appearance
Third-party defendant's attorney:

Signature date:
January 6, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Clay Chatin, an inmate at Mid-Orange Correctional Facility, alleges that he is a "Shi'a muslim [who is being] force[d] to follow the sunni/wahabi dogma" in that defendant has "refus[ed] to allow the claimant and other shi'a inmates the rights to separate religious services away from sunn/wahabi influence . . ." In exhibit C to his motion papers, an October 15, 2004 memorandum from Mr. Chatin to the Superintendent of Mid-Orange, claimant explains that "I'm a shi'a inmate and I worship differently from the sunni/wahabi muslims. I don't associate with such belief system." This is claimant's motion for an injunction "against the defendant who [is] now forcing my name on the sunni/wahabi [religious service call out list]." The Court of Claims is a court of limited jurisdiction and it is not authorized to provide the kind of equitable relief sought by claimant here. See Court of Claims Act §9, and see, e.g., Johnson v State of New York, Ct Cl dated January 29, 2004 (unreported decision, claim no. 107834, motion no. M-67809, UID #2004-019-510,[1] Lebous, J.).

Accordingly, having reviewed the submissions[2], IT IS ORDERED that motion no. M-69383 be denied.


January 6, 2005
New York, New York

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




  1. [1]This and other decisions of the Court of Claims may be found on the Court's website:
  2. [2]The Court reviewed claimant's notice of motion with affidavit in support, November 1, 2004 letter and exhibits A-E. Defendant submitted no opposition papers.