New York State Court of Claims

New York State Court of Claims
MARAFI v. THE STATE OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT, # 2009-016-037, Claim No. 116517, Motion No. M-76539

Synopsis

Claim alleging that Metropolitan Transportation Authority Police Department car hit car in which claimant was a passenger was dismissed for lack of jurisdiction.

Case information

UID: 2009-016-037
Claimant(s): KHALILULLAH MARAFI
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) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 116517
Motion number(s): M-76539
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Charles Finelli, Esq.
No Appearance
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
Third-party defendant's attorney:
Signature date: June 10, 2009
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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.