New York State Court of Claims

New York State Court of Claims

MURO v. THE STATE OF NEW YORK, STATE UNIVERSITY OF NEW YORK AND WESTCHESTER COMMUNITY COLLEGE, #2006-010-011, Claim No. 111927, Motion No. M-71531


Synopsis


Defendant’s unopposed motion to dismiss is granted as Westchester Community College is not a proper party defendant.

Case Information

UID:
2006-010-011
Claimant(s):
CHRISTOPHER MURO
Claimant short name:
MURO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, STATE UNIVERSITY OF NEW YORK AND WESTCHESTER COMMUNITY COLLEGE
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111927
Motion number(s):
M-71531
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
WILLEM H. GRAVETT, ESQ.
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Wanda Perez-Maldonado, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 18, 2006
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, Supporting Affirmation and Exhibits

Claim No. 111927 alleges that on November 4, 2005, claimant was involved in an altercation on campus with a student at Westchester Community College (WCC) and suffered injury due to the “deliberate indifference” and gross negligence of WCC in “utterly failing to perform its duty to supervise *** and protect the Claimant” (Ex. A, Rider to Verified Claim).

Community colleges, like WCC, are established and operated under local sponsorship (see Education Law §§ 6301(3); 6302; 6304; 6306). Thus, WCC is not a part of the State University of New York corporation (see Ex. B; Education Law § 352[1], [3]) and it is not a State agency (see Brown v North Country Community Coll., 63 Misc 2d 442 [action against community college is properly commenced in Supreme Court and not in the Court of Claims]).

Accordingly, neither the State of New York nor the State University of New York is a proper party defendant and this Court lacks subject matter jurisdiction over the claim because no relief may be had against those defendants (Court of Claims Act § 9). Second, this Court does not have jurisdiction to hear claims against WCC (id.).

Defendant’s motion to dismiss is hereby GRANTED (CPLR 3211[a][2], [7]).


May 18, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims