Claim alleging that Metropolitan Transportation Authority Police Department car hit car in which claimant was a passenger was dismissed for lack of jurisdiction.
|Claimant short name:||MARAFI|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Charles Finelli, Esq.
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||June 10, 2009|
|See also (multicaptioned case)|
Defendant State of New York moves to dismiss the claim of Khalilullah Marafi on the grounds that the Court of Claims lacks jurisdiction. In his claim, Mr. Marafi alleges that a motor vehicle "owned by the State of New York, Metropolitan Transportation Authority and/or the Metropolitan Transportation Police Department" collied with a motor vehicle in which he was a passenger. Claimant does not oppose the motion to dismiss.
The police report annexed to Marafi's claim states that the car in question was registered to the "MTA Police Dept." The Metropolitan Transportation Authority, or MTA, is a public corporation established by statute. See Public Authorities Law §1260, et seq. The Court of Claims does not have jurisdiction over the MTA. See, e.g., Foley v MTA, Ct Cl, April 29, 2004 (unreported, claim no. 108955, motion no. M-68232, UID # 2004-016-020(1) , Marin, J.).
Accordingly, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-76539 be granted and claim no. 116517 be dismissed.
June 10, 2009
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. This and other decisions of the Court of Claims may be found on the court's website: www.nyscourtofclaims.state.ny.us.
2. The court reviewed defendant's notice of motion with affirmation in support and exhibits A and B.