New York State Court of Claims

New York State Court of Claims

JOHNSON v. STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY BOARD OF EDUCATION, SANDRA I. BENT, CLAUDETTE MURRAY, and BERYL DRECKETTS, #2005-016-029, Claim No. 110316, Motion No. M-69799


Synopsis



Case Information

UID:
2005-016-029
Claimant(s):
MAXINE JOHNSON, custodian for SHAMAERA CAMPBELL, an infant
Claimant short name:
JOHNSON
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK, CITY OF NEW YORK, NEW YORK CITY BOARD OF EDUCATION, SANDRA I. BENT, CLAUDETTE MURRAY, and BERYL DRECKETTS
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110316
Motion number(s):
M-69799
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Law Offices of Loren K. Robinson, LLCNo Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Ellen Matowik, Esq., AAG
Third-party defendant's attorney:

Signature date:
April 4, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves to dismiss this claim, in which it is alleged that a New York City Public School teacher failed to bring the infant claimant to the school nurse after the child twisted her ankle. To the extent that the claim names the City of New York, the New York City Board of Education or individual persons as defendants, this Court lacks jurisdiction. See, e.g., Torres v State of New York, Ct Cl June 29, 2001 (unreported, claim no. 95365, motion no. M-63437, Read, J., UID #2001-001-036[1]); and Smith v State of New York, 72 AD2d 937, 938, 422 NYS2d 221, 222 (4th Dept 1979), affd 59 NY2d 718, 463 NYS2d 439 (1983).

As to the State of New York, having submitted no opposition papers, claimant does not dispute defendant's assertions that there is no State nexus in this case. In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-69799 be granted and claim no. 110316 be dismissed.


April 4, 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 defendant's notice of motion with affirmation in support and exhibits A and B.