New York State Court of Claims

New York State Court of Claims

GILL v. THE STATE OF NEW YORK, #2009-016-010, Claim No. 114147, Motion No. M-75607


Synopsis


Claim seeking damages for alleged exposure to second hand smoke at correctional facility was dismissed.

Case Information

UID:
2009-016-010
Claimant(s):
ANTHONY G. GILL
Claimant short name:
GILL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114147
Motion number(s):
M-75607
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Anthony G. Gill, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
February 20, 2009
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves for an order dismissing the claim of Anthony G. Gill on the ground that it fails to state a cause of action upon which relief may be granted. In his claim, Mr. Gill seeks monetary damages for defendant’s alleged “under-enforcement of the no indoor smoking policy” at Queensboro Correctional Facility, causing him to be exposed to “toxic levels of secondhand tobacco smoke . . .” Inmates at correctional facilities of the State of New York do not have causes of action in the Court of Claims for monetary damages arising from exposure to second hand smoke. See, e.g., David v State of New York, Ct Cl, October 4, 2004 (unreported, motion no. M-68650, UID #2004-018-329[1], Fitzpatrick, J.); Denis v State of New York, Ct Cl, June 19, 2003 (unreported, claim no. 107337, motion no. M-66590, UID #2003-009-023, Midey, J.); Kroemer v State of New York, Ct Cl, September 9, 2002 (unreported, claim no. 99532, motion nos. M-64825 and CM-64992, UID #2002-031-034, Minarik, J.).

Accordingly, having reviewed the submissions[2], IT IS ORDERED that motion no. M-75607 be granted and claim no. 114147 be dismissed.

February 20, 2009
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 following were reviewed: defendant’s notice of motion with affirmation in support and exhibits A and B; and claimant’s opposition papers entitled “Notice of Motion” with “Claimant’s Opposition to Defendant’s Motion to Dismiss” with exhibits A through E.