New York State Court of Claims

New York State Court of Claims

KHALIL v. THE CITY UNIVERSITY OF NEW YORK,


CITY COLLEGE OF NEW YORK, #2007-016-056, Claim No. 114140, Motion No. M-74034


Synopsis



Case Information

UID:
2007-016-056
Claimant(s):
PROFESSOR MOUNIR KHALIL
Claimant short name:
KHALIL
Footnote (claimant name) :

Defendant(s):
THE CITY UNIVERSITY OF NEW YORK,CITY COLLEGE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114140
Motion number(s):
M-74034
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Mounir A. Khalil, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
December 6, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In this claim, Mounir Khalil essentially alleges that he was wrongfully denied a promotion to full professor at the City College of New York. Defendant moves to dismiss on the ground that when Mr. Khalil served his notice of intention, the caption listed defendant as the State of New York, rather than the City University of New York. Defendant does not dispute that the text of the notice of intention specifically describes events having occurred at the City College of New York. Nor does defendant dispute that the notice of intention was timely and properly served on both the City University of New York and the Office of the Attorney General as required by §§10.3 and 11.a. (ii) of the Court of Claims Act. Rather, defendant’s sole argument is that the caption of the notice of intention listed defendant as the State rather than the City University. Defendant has supplied no authority that such is a jurisdictional defect warranting dismissal of this claim. In fact, it has been held that “[w]here an entity has been properly served with a pleading such that although omitted from its caption, the recipient reasonably should have been put on notice that it was a target of the lawsuit, jurisdiction is acquired and the error of the caption may be treated as a mere irregularity.” Ibekweh v State of New York, 157 Misc 2d 710, 711 598 NYS2d 664 (Ct Cl 1993).

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-74034 be denied and IT IS FURTHER ORDERED that the caption shall be amended to list the City University of New York as the sole defendant.

December 6, 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 exhibit A; and claimant’s “Opposition to Notice.”