New York State Court of Claims

New York State Court of Claims

SUAREZ v. NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, #2006-016-052, Claim No. 112157, Motion No. M-71673


Synopsis


Claim alleging that the New York State Office of Temporary and Disability Assistance held a Fair Hearing and rendered a decision in claimant’s favor which was “not being complied with . . . as quickly as possible within 10 days” by the New York City Human Resources Administration Department of Social Services was dismissed.

Case Information

UID:
2006-016-052
Claimant(s):
ANGELA SUAREZ
Claimant short name:
SUAREZ
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112157
Motion number(s):
M-71673
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Angela Suarez, Pro seNo Appearance
Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy: Ellen Matowik Russell, Esq., AAG
Third-party defendant’s attorney:

Signature date:
August 17, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant State of New York moves to dismiss the claim of Angela Suarez. Such motion is unopposed. In her claim, Ms. Suarez alleges that the New York State Office of Temporary and Disability Assistance held a Fair Hearing and rendered a decision in her favor, which “is not being complied with . . . as quickly as possible within 10 days” by the New York City Human Resources Administration Department of Social Services. To the extent that claimant complains of the actions of the New York City Human Resources Administration, this court lacks jurisdiction, as 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.

To the extent that claimant complains of the actions of the New York State Office of Temporary and Disability Assistance, defendant correctly maintains that after having exhausted her administrative remedies, Ms. Suarez’s remedy would lie in an Article 78 proceeding in Supreme Court. See, e.g., Nash v City University of New York, Ct Cl, December 2, 2004 (Unreported, Motion No. M-68880, Marin, J., UID #2004-016-075[1]).

For the foregoing reasons, having reviewed the submissions,[2] IT IS ORDERED that motion no. M-71673 be granted and that claim no. 112157 be dismissed.


August 17, 2006
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: www.nyscourtofclaims.state.ny.us.
  2. [2]The following were reviewed: defendant’s notice of motion with affirmation in support and exhibits A and B. Claimant submitted no opposition papers.