New York State Court of Claims

New York State Court of Claims

HOLMES v. PROMISE ACADEMY CHARTER SCHOOL, HARLEM CHILDREN’S ZONE, INC. - CHARTER SCHOOLS INSTITUTE STATE UNIVERSITY OF NEW YORK, #2008-016-064, Claim No. 115140, Motion No. M-75152


Synopsis


Claim alleging injury at charter school was dismissed on the ground that the Court of Claims lacked jurisdiction.

Case Information

UID:
2008-016-064
Claimant(s):
ESSENCE HOLMES, an infant, by her Mother and Natural Guardian, TRENA HOLMES and TRENA HOLMES, Individually
Claimant short name:
HOLMES
Footnote (claimant name) :

Defendant(s):
PROMISE ACADEMY CHARTER SCHOOL, HARLEM CHILDREN’S ZONE, INC. - CHARTER SCHOOLS INSTITUTE STATE UNIVERSITY OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115140
Motion number(s):
M-75152
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
The Law Firm of Jeffrey LessoffNo Appearance
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
November 18, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In this claim, it is alleged that on April 24, 2006, Essence Holmes fractured her left wrist while participating in an “unsupervised . . . hula hoop activity” in the gym of the Promise Academy Charter School in Manhattan. Claim, ¶5. Defendant moves to dismiss the claim on the ground that the State of New York does not own, operate, maintain or have any other responsibility for the school. Claimants do not oppose the motion. The Court of Claims has jurisdiction only over the State of New York and other entities specified in statute such as, e.g., the Thruway Authority by Public Authorities Law §361-b. There is no statute conferring jurisdiction over charter schools to the Court of Claims.

In Robayo v State of New York and Our Neigborhood Charter School, Ct Cl March 30, 2007 (unreported, claim no. 113082, motion no. M-72708, UID # 2007-028-537,[1] Sise, P. J.), claimant was injured in a fall on the playground of the Our World Neighborhood Charter School in Queens. The court dismissed the claim, stating that “[t]he Court of Claims does not have jurisdiction over actions commenced against [a charter] school, and the State is not responsible for either the school or maintenance of its premises. . .” See also Jaklitsch v State of New York, Ct Cl, March 7, 2005 (unreported, claim no. 109010, Motion No. M-69465, Scuccimarra, J.).

In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-75152 be granted and that claim no. 115140 be dismissed.


November 18, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]This and other decisions of the Court of Claims may be found on the court’s website: www.nyscourtofclaims.state.ny.us.
  2. [2]The court reviewed defendant’s notice of motion with affirmation in support and exhibits A through D. Claimant submitted no opposition papers.