New York State Court of Claims

New York State Court of Claims

ALEXANDER v. THE STATE OF NEW YORK, #2008-009-021, Claim No. 114722, Motion No. M-74570


Synopsis


Defendant’s motion to dismiss for lack of subject matter jurisdiction was granted, as the Court of Claims does not have jurisdiction based on official actions taken by an Assistant County District Attorney. The Court also found that claimant had not properly asserted a claim under Court of Claims Act § 8-b, the “unjust conviction and imprisonment act”.

Case Information

UID:
2008-009-021
Claimant(s):
TROY ALEXANDER
Claimant short name:
ALEXANDER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114722
Motion number(s):
M-74570
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
TROY ALEXANDER, Pro Se
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Timothy P. Mulvey, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
July 31, 2008
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order dismissing the claim for lack of subject matter jurisdiction over the State of New York.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation, with Exhibits 1,2


“Motion in Opposition to Defendants (sic) Request to Dismiss”, Affirmation 3,4

Filed Papers: Claim.

In his claim, claimant seeks damages for malicious prosecution, false imprisonment, and deprivation of liberty. Specifically, claimant alleges that an Assistant District Attorney from the Office of the Onondaga County District Attorney maliciously prosecuted claimant by her actions before a Grand Jury, resulting in an indictment against claimant that was subsequently dismissed. Additionally, claimant alleges that the same Assistant District Attorney again maliciously prosecuted him by filing new charges against claimant in a lower court, even though such charges arose from the same incident on which the original indictment was based.

The State is not liable in the Court of Claims for the official actions taken by a District Attorney because a District Attorney is not an officer or employee of the State (Fisher v State of New York, 10 NY2d 60; Fuller v State of New York, 11 AD3d 365). The State, therefore, may not be held liable for alleged tortious acts committed by an Assistant District Attorney (Fisher v State of New York, supra; Ritter v State of New York, 283 App Div 833; Fishbein v State of New York, 282 App Div 600) and the Court of Claims does not have jurisdiction over such claims (Whitmore v State of New York, 55 AD2d 745).

In his response to this motion, however, claimant contends that his claim should be considered under Court of Claims Act § 8-b, commonly referred to as the “Unjust Conviction and Imprisonment Act”. Section 8-b(4) of the act requires a claim to “state facts in sufficient detail” that will enable the Court to determine that claimant did not commit any of the acts charged and that he did not by his own conduct bring about the conviction. Additionally, this section provides that if the Court, after reading the claim, finds that claimant is not likely to succeed at trial, it shall dismiss the claim.

In this particular matter, the Court finds that, aside from a single reference to § 8-b of the Court of Claims Act (see claim, par. 21), the claim is completely devoid of any allegations to even remotely suggest that it be construed as a claim for unjust conviction and imprisonment. Therefore, after reviewing the allegations set forth in the claim, the Court finds that claimant has not properly asserted a claim under § 8-b of the Court of Claims Act.

Based on the foregoing, it is

ORDERED, that Motion No. M-74570 is hereby GRANTED; and it is further

ORDERED, that Claim No. 114722 is hereby DISMISSED.


July 31, 2008
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims