|Claimant(s):||HECTOR VARGAS and ALEJANDRINA VARGAS|
|Claimant short name:||VARGAS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Hector Vargas and Alejandrina Vargas, Pro Se
By: Hector Vargas, Pro Se
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||June 9, 2009|
|See also (multicaptioned case)|
Defendant moves to dismiss the claim of Hector Vargas and Alejandrina Vargas, in which it is alleged that the Hon. Julia I. Rodriguez, a Bronx Civil Court Judge in the Housing Part, was without jurisdiction to grant summary judgment against claimants on January 16, 2007 and to issue a warrant of eviction on March 14, 2007.
The doctrine of judicial immunity bars claims against the State of New York based on the determinations of its judges, so long as there was subject matter jurisdiction. See, e.g., Murray v Brancato, 290 NY 52 (1943); Rosenstein v State of New York, 37 AD3d 208, 829 NYS2d 93 (1st Dept 2007). Justice Rodriguez, a Housing Court judge, clearly had subject matter jurisdiction to preside over an eviction proceeding.
In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-76614 be granted and that claim no. 116289 be dismissed.
June 9, 2009
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. The court reviewed defendant's notice of motion with affirmation in support and exhibits A and B; and claimant's "Affidavit in Opposition to the Motion to Dismiss Claim and for Other Relief" with exhibits A through J.