New York State Court of Claims

New York State Court of Claims

JENKINS v. STATE OF NEW YORK, CITY OF SYRACUSE, LEWIS, BROWN & McGEE, #2006-018-515, Claim No. NONE, Motion No. M-71093


Synopsis


Motion to file late claim denied - lack of jurisdiction.

Case Information

UID:
2006-018-515
Claimant(s):
SYLVIA JENKINS
Claimant short name:
JENKINS
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK, CITY OF SYRACUSE, LEWIS, BROWN & McGEE
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-71093
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
SYLVIA JENKINSPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: PATRICIA M. BORDONARO, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
April 18, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Movant brings a motion for permission to file a late claim pursuant to Court of Claims

Act § 10(6).

Although the motion documents name the State of New York, the City of Syracuse, and Lewis, Brown & McGee as proposed defendants, the proposed claim names only the City of Syracuse, and Lewis, Brown & McGee. The proposed claim seeks $100,000 in damages for the death of Movant's sister on February 7, 1990, when she was allegedly beaten to death by three males in an abandoned building on South Salina Street in the City of Syracuse.

This Court is a court of limited jurisdiction, having the authority to hear only those claims specifically authorized by statute and only those claims brought against the State of New York

(Court of Claims Act § 9). There are no allegations in the claim that the State did anything wrong or had any involvement with the death of Movant's sister. Accordingly, this Court lacks subject matter jurisdiction to hear this claim.

As a result of the foregoing, Movant's motion is DENIED.


April 18, 2006
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:


Notice of Motion...........................................................................................1


"Affidavit" of Sylvia Jenkins, in support, with attachment..... .....................2


Affirmation of Patricia M. Bordonaro, Esquire, Assistant Attorney

General, in opposition.........................................................................3