New York State Court of Claims

New York State Court of Claims

FEQUIERE v. THE STATE OF NEW YORK, #2007-045-023, Claim No. 113773, Motion Nos. M-73866, CM-73898


Synopsis


defendant’s motion to dismiss claim against individual defendant, nassau county cross-motion to dismiss

Case Information

UID:
2007-045-023
Claimant(s):
STELLA FEQUIERE (JUVENILE) EMMA FEQUIERE (GUARDIAN)
1 1.The caption has been amended, sua sponte, to reflect the State of New York as the properly named defendant.
Claimant short name:
FEQUIERE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended, sua sponte, to reflect the State of New York as the properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113773
Motion number(s):
M-73866
Cross-motion number(s):
CM-73898
Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Emma Fequiere, Pro Se
Defendant’s attorney:
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Benjamin F. Neidl, Esq.

Lorna B. Goodman, Nassau County Attorney
By: Karen Schmidt, Deputy County Attorney

Hon. Andrew M. Cuomo, Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
October 25, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers were reviewed by the Court on these motions: Defendant’s Notice of Motion, Defendant’s Affirmation in Support with annexed Exhibits A and B, Defendant’s Memorandum of Law, Defendant’s Notice of Cross-Motion and Defendant’s Affirmation. Defendant, Lee Kleinhardt, has brought this motion pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(1), (2), (7) and (8), Court of Claims Act (CCA) §§ 9 and 11 and the Uniform Rules for the Court of Claims (22 NYCRR) § 206.6 seeking an order dismissing the claim. Defendant, the Nassau County Probation Department Juvenile Division, has joined in this application through a cross-motion pursuant to CPLR 3211(2) and (8). Defendant, the New York State Office of Children and Family Services, has taken no position concerning these motions. Claimants, Emma Fequiere and Stella Fequiere, pro se litigants, have not opposed either application.

The underlying claim in this matter apparently concerns a failure to provide certain services to claimants by the defendants. Defendants, Lee Kleinhardt and the Nassau County Probation Department Juvenile Division correctly point out in their motions that they are improper parties to an action in the Court of Claims. The Court of Claims is a court of limited jurisdiction wherein actions are primarily brought seeking monetary damages against the State of New York (see CCA § 9). Thus, this Court does not have jurisdiction over the claims brought against the Nassau County Probation Department Juvenile Division in this matter (Baisley v Town of Kent, 111 AD2d 299 [2d Dept 1985]). As a result those claims must be dismissed. Similarly, those claims raised against Lee Kleinhardt, the individual, acting as a private attorney not employed by or acting on behalf of the State of New York, must also be dismissed (Morell v Balasubramanian, 70 NY2d 297 [1987]).

Therefore, for the foregoing reasons, both motions presented herein are granted and the caption to this matter has been amended accordingly.

October 25, 2007
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims