New York State Court of Claims

New York State Court of Claims

RICKETTS v. THE STATE OF NEW YORK, #2006-016-048, Claim No. None, Motion No. M-71675


Synopsis


Late claim motion was denied.

Case Information

UID:
2006-016-048
Claimant(s):
ORRETT V. RICKETTS
Claimant short name:
RICKETTS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-71675
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Orrett V. Ricketts, Pro se
Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy: Ellen Matowik Russell, Esq., AAG
Third-party defendant’s attorney:

Signature date:
August 10, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is Orrett V. Ricketts’ motion for permission to file a late claim pursuant to §10.6 of the Court of Claims Act (the “Act”). In his proposed claim[1], Mr. Ricketts alleges that on January 11, 2006, he was wrongfully arrested by “two N.Y.P.D. detectives . . . [and] incarcerated for over a week, pursuant to [Kings County Criminal Court Docket No. 2006KN002625].” Ordinarily, in determining whether to grant this motion, the six factors enumerated in the Act would be considered: whether (1) defendant had notice of the essential facts constituting the claim; (2) defendant had an opportunity to investigate the circumstances underlying the claim; (3) the defendant was substantially prejudiced; (4) the claimant has any other available remedy; (5) the delay was excusable and (6) the claim appears to be meritorious.

In this case, however, a more fundamental issue must first be addressed – whether this Court has jurisdiction over the proposed claim. Mr. Ricketts’ arrest and incarceration are not alleged to be the actions of agents of the State of New York, but rather, the City of New York.

The Court of Claims Act only grants this court jurisdiction over specified suits against the State of New York. A small number of other public entities are subject to the jurisdiction of the Court of Claims via explicit statutory authority, for example, the New York State Thruway Authority by Public Authorities Law §361-b. However, there is no statutory authority subjecting the City of New York to the jurisdiction of this Court. See also, e.g., Jones v People of the State of New York, etc., Ct Cl, April 10, 2001 (motion no. M-62917, UID #2001-014-529,[2] Nadel, J.) (“Allegations concerning the actions of a District Attorney or of New York City police officers are not cognizable in this Court, since they are local, and not State, officials.”)

Accordingly, having reviewed the parties’ submissions,[3] IT IS ORDERED that motion no. M-71675 be denied.



August 10, 2006
New York, New York

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




  1. [1]Claimant’s papers include a document entitled “Notice of Intention to File a Claim.” The court will consider such to be a proposed claim for the purposes of this motion.
  2. [2]This and other decisions of the Court of Claims may be found at the Court’s website: www.nyscourtofclaims.state.ny.us.
  3. [3]The following were reviewed: claimant’s “Motion for Permission to File a Late Claim” (filed May 1, 2006) with attached “Notice of Intention to File a Claim”; claimant’s “Motion for Permission to File a Late Claim” (filed May 8, 2006); and defendant’s Affirmation in Opposition.