New York State Court of Claims

New York State Court of Claims
VARGAS v. THE STATE OF NEW YORK, # 2009-016-036, Claim No. 116289, Motion No. M-76614

Synopsis

Case information

UID: 2009-016-036
Claimant(s): HECTOR VARGAS and ALEJANDRINA VARGAS
Claimant short name: VARGAS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 116289
Motion number(s): M-76614
Cross-motion number(s):
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
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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.