New York State Court of Claims

New York State Court of Claims

BRADY v. THE HON. JUSTICES OF THE NEW YORK COURT OF APPEALS; CARMEN BEAUCHAMP CIPARICK, VICTORIA A. GRAFFEO, SUSAN P. READ, ROBERT S. SMITH, AND THEODORE JONES, as substituted by THE STATE OF NEW as defendant, #2007-028-569, Claim No. NONE, Motion No. M-73333


Synopsis


Movant, must obtain Court permission in order to commence an action, and the claim which he proposes to file lacks legal merit, as the actions complained of are protected by absolute judicial immunity.

Case Information

UID:
2007-028-569
Claimant(s):
KEVIN PATRICK BRADY
Claimant short name:
BRADY
Footnote (claimant name) :

Defendant(s):
THE HON. JUSTICES OF THE NEW YORK COURT OF APPEALS; CARMEN BEAUCHAMP CIPARICK, VICTORIA A. GRAFFEO, SUSAN P. READ, ROBERT S. SMITH, AND THEODORE JONES, as substituted by THE STATE OF NEW as defendant
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-73333
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
KEVIN PATRICK BRADY, PRO SE
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
August 9, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Movant’s motion for permission to file a “Claim for Judicial Negligence and Deprivations(s) of Constitutional Rights”:

1. “Notice of Claim for Judicial Negligence and Deprivation(s) of Constitutional Rights” of Kevin Patrick Brady, pro se, with annexed Exhibits (28 pages) and related correspondence (4 pages);


2. Letter with annexed Exhibits of Kevin Patrick Brady, pro se


Movant, appearing pro se, has filed with the Court of Claims a “Notice of Claim for Judicial Negligence and Deprivation(s) of Constitutional Rights.” He names as Defendants five Judges of the New York State Court of Appeals “as substituted by the State of New York.” This Court has jurisdiction only over actions brought against the State, not named individuals.

The submission was accepted as a motion for permission to file because of events and rulings set forth, in detail, in an earlier decision, (Brady v State of New York, M-72812; CM-72927, M-72976 [Ct Cl 2007], Sise, P.J.). The standard for determining whether a Claim should be filed in these circumstances is well established: “permission must be granted if the litigant establishes that the proposed claim is based on allegations ‘leading to a conclusion’ that the State was at fault (Lee v State of New York, Claim No. 92855, March 19, 1996, Mega, P.J.; see also Lee v State of New York, Claim No. 79553, Motion No. M-41426, December 7, 1990, Corbett, P.J.)” (id.).

The Claim submitted by Movant alleges that a variety of injuries have been caused to him by the actions of the five Court of Appeals judges who “have failed to act on Claimants behalf; to hear and determine his appeal of the statutorily prohibited dismissal of his Petition for Non-Discretionary Relief” (Claim, p 4). The instant application must fail for the same reasons given in the earlier decision:
[T]he actions of judicial officers in carrying out their judicial function are entitled to absolute immunity from liability (Salzano v Town of Poughkeepsie, 300 AD2d 716 [2002]; Bardascini v Reedy, 51 AD2d 271, 272 [3d Dept 1976], lv denied 40 NY2d 803 [1976]). In addition, actions performed by the prosecutor which are associated with the prosecutorial phase of the criminal process are deemed quasi-judicial in nature and invoke the doctrine of absolute immunity to bar civil liability for such action, even if it should appear that the actions were done maliciously (Lau v Cooke, 282 AD2d 887, 888 [3d Dept 2001]); Schanbarger v Kellogg, 35 AD2d 902 [3d Dept 1970], app dsmd 29 NY2d 649 [1971], cert den 405 US 919 [1972]). This immunity precludes any claim of negligence.
For the reasons set forth above, Movant’s application is DENIED.

August 9, 2007
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims