New York State Court of Claims

New York State Court of Claims

MONREAL v. THE STATE OF NEW YORK, et al., #2007-038-552, Claim No. 113889, Motion No. M-73747


Synopsis



Case Information

UID:
2007-038-552
Claimant(s):
F. JAVIER MONREAL, MD
Claimant short name:
MONREAL
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, et al.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113889
Motion number(s):
M-73747
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
F. Javier Monreal, MD, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Roger Williams, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 26, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim seeks damages for emotional, financial, and other harms allegedly sustained by claimant as a result of defendant’s investigation of the professional competence of claimant, a medical doctor who was licensed to practice medicine in the State of New York. Claimant has filed this motion seeking injunctive relief prohibiting defendant from requiring claimant to surrender his medical license.[1]

The Court of Claims lacks subject matter jurisdiction to render purely equitable relief (see Court of Claims Act § 9; Sprachman v New York State Dept. of Envtl. Conservation, 6 Misc 3d 1008[A] [Ct Cl 2000]; Matter of Milner v New York State Higher Educ. Servs. Corp., 4 Misc 3d 221, 225 [Ct Cl 2004], affd 24 AD3d 977 [3d Dept 2005]). While the claim for money damages arising from defendant’s alleged past actions is properly venued in this Court, the equitable relief claimant seeks with respect to defendant’s command to surrender of his license to practice medicine is unavailable in this Court.

Accordingly, Motion No. M-73747 is denied.


July 26, 2007
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims



[1]. Claimant’s motion was received in the office of the Chief Clerk of the Court of Claims on July 18, 2007, and it requested a return date of July 19, 2007. Defendant’s notice to claimant required him to surrender his license on July 20, 2007. In light of the patent jurisdictional defect of the motion and the urgency of the matter, a telephone conference was conducted on July 18, 2007, with claimant appearing pro se and defendant represented by Assistant Attorney General Roger Williams.