New York State Court of Claims

New York State Court of Claims

YUSUF v. STATE OF NEW YORK, EXECUTIVE DEPARTMENT DIVISION OF HOUSING AND COMMUNITY RENEWAL, #2006-016-054, Claim No. 112282, Motion No. M-71873


Synopsis


Claim alleging that claimant was owed rent money by the State Division of Housing and Community Renewal in connection with the federal Section 8 housing program was dismissed on the ground that claimant’s remedy would like in an Article 78 proceeding in Supreme Court

Case Information

UID:
2006-016-054
Claimant(s):
IBIKUNLE O. YUSUF
Claimant short name:
YUSUF
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK, EXECUTIVE DEPARTMENT DIVISION OF HOUSING AND COMMUNITY RENEWAL
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112282
Motion number(s):
M-71873
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Ibikunle D. Yusuf, 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 Ibikunle O. Yusuf, in which it is alleged that claimant is owed rent money by the State Division of Housing and Community Renewal in connection with the federal Section 8 housing program. Such motion is unopposed. Defendant correctly maintains that claimant’s remedy would lie in an Article 78 proceeding in Supreme Court. See, e.g., Madura v State of New York, Ct Cl, September 30, 2003 (Unreported, Claim No. 107841, Motion No. M-67057, Collins, J., UID #2003-015-355[1]). Accordingly, having reviewed the submissions,[2] IT IS ORDERED that motion no. M-71873 be granted and that claim no. 112282 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 exhibit A. Claimant submitted no opposition papers.