New York State Court of Claims

New York State Court of Claims

ISIDORE v. THE STATE OF NEW YORK, #2007-015-149, Claim No. 112546, Motion No. M-72429


Synopsis


Motion seeking to vacate an unspecified order of the Family Court was denied. Court of Claims was without jurisdiction to grant the requested relief.

Case Information

UID:
2007-015-149
Claimant(s):
SAMUEL F. ISIDORE
Claimant short name:
ISIDORE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112546
Motion number(s):
M-72429
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Samuel F. Isidore, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Kevan J. Acton, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 23, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant moves for an order vacating an order[1] which allegedly suspended his driver's license, professional licenses and United States passport and directing the defendant to cease enforcement of the order. Defendant opposes the motion on the ground that this Court is without jurisdiction to grant the equitable relief sought on the motion. The Court agrees.

This pro se claimant seeks monetary damages and equitable relief flowing from the alleged collection of two debts through income executions, confiscation of his bank accounts and income tax refunds. The claim alleges that, in fact, the debts have been satisfied stating:
Since February of 2006 . . . both debts have been paid and collected and [I] made an official demand for a certificate of satisfaction; to remove all suspensions (sic) orders against me; stop all collections in reference to these two debts and to refund to me all over payments (sic) collected by defendant after the debts have been satisfied.
Claimant's notice of motion seeks the following relief:
The petitioner will move this court on the 18 day of October 2006, for an order

1) Vacating and setting aside the Order of suspension issued by defendant against my State Driver License; my Professional licenses and my United States of America Passport pending the outcome of this action and,

2) Granting such other and further relief as may be just.
First, the motion must be denied as it seeks strictly equitable relief which is outside the jurisdiction of the Court of Claims since "[t]hat court's jurisdiction to determine claims involving the State has been fixed by the Constitution and statute. (N.Y. Const., art. VI, § 9; Court of Claims Act, § § 8, 9). It is generally limited to awarding money damages against the State and is without power to grant strictly equitable relief (citations omitted)" (Matter of Silverman v Comptroller of State of N. Y., 40 AD2d 225, 226). Secondly, the Family Court is specifically empowered to suspend the driving privileges and professional business or recreational licenses of a respondent who has failed to comply with any lawful order of support (Family Court Act § § 115 (f), 454). This specific statutory grant of jurisdiction to the Family Court precludes a grant of the relief requested by way of motion in this Court.

Claimant's motion is denied.

January 23, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated October 4, 2006;
  2. Affidavit of Samuel F. Isidore sworn to October 5, 2006;
  3. Affirmation of Kevan J. Acton dated November 1, 2006;
  4. Statement of Samuel F. Isidore filed November 13, 2006.

[1].Neither the claim nor the motion papers identify the specific entity issuing the order(s) complained of.