New York State Court of Claims

New York State Court of Claims

VARGAS v. NEW YORK CITY CHILD SUPPORT ENFORCEMENT UNIT OF THE STATE OF NEW YORK, #2006-016-053, Claim No. 112375, Motion No. M-71879


Synopsis



Case Information

UID:
2006-016-053
Claimant(s):
PABLO VARGAS
Claimant short name:
VARGAS
Footnote (claimant name) :

Defendant(s):
NEW YORK CITY CHILD SUPPORT ENFORCEMENT UNIT OF THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112375
Motion number(s):
M-71879
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Manners & Associates, P.C.
By: Robert M. Manners, Esq.No 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 Pablo Vargas. Such motion is unopposed. In his claim, Mr. Vargas requests that the court direct the State to deliver a promissory note to his attorney for past due child support he owes. The Court of Claims has no jurisdiction to grant strictly equitable relief such as that sought here. See, e.g., Psaty v Duryea, 306 NY 413 (1954). Accordingly, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-71879 be granted and claim no. 112375 be dismissed.


August 17, 2006
New York, New York

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




  1. [1]The following were reviewed: defendant’s notice of motion with affirmation in support and exhibits A and B. Claimant submitted no opposition papers.