New York State Court of Claims

New York State Court of Claims

BARNES v. THE STATE OF NEW YORK, #2007-016-051, Claim No. 113975, Motion Nos. M-73892, CM-73949


Synopsis



Case Information

UID:
2007-016-051
Claimant(s):
JERMAINE BARNES
Claimant short name:
BARNES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113975
Motion number(s):
M-73892
Cross-motion number(s):
CM-73949
Judge:
Alan C. Marin
Claimant’s attorney:
Jermaine Barnes, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
November 19, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves to dismiss the claim of Jermaine Barnes on the ground that the Court lacks jurisdiction over the claim, and Mr. Barnes cross-moves for a default judgment. In the underlying claim, it is alleged that at claimant’s December 1999 criminal trial, the judge wrongfully failed to sequester the jury, and that a court reporter “fraudulently falsified the trial record to make it appear that he did.” The appropriate venue here is not an action in the Court of Claims but rather an appeal of claimant’s criminal conviction. Claimant did take such an appeal, and his conviction was affirmed by the Appellate Division, after which leave to appeal was denied by the Court of Appeals. People v Barnes, 289 AD2d 251, 734 NYS2d 480 (2d Dept 2001), lv denied, 97 NY2d 751, 742 NYS2d 610 (2002).

In addition, it is well settled that judicial immunity bars claims against the State of New York for alleged errors made by its judges, so long as there was subject matter jurisdiction. See, e.g., Rosenstein v State of New York, 37 AD3d 208, 829 NYS2d 93 (1st Dept 2007). As to court personnel, see, e.g., Weiner v State of New York, 273 AD2d 95, 97, 710 NYS2d 325, 327 (1st Dept 2000).

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-73892 be granted, that cross-motion no. CM-73949 be denied, and that claim no. 113975 be dismissed.


November 19, 2007
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’s notice of cross-motion with “Affidavit in Support of Cross-Motion That Also Opposes Main Motion” with memorandum of law in support; and defendant’s affirmation in opposition.