New York State Court of Claims

New York State Court of Claims
MOAREFI v. THE STATE OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT, # 2009-016-049, Claim No. 116503, Motion No. M-76538

Synopsis

Claim against MTA was dismissed for lack of jurisdiction.

Case information

UID: 2009-016-049
Claimant(s): BILAL MOAREFI
Claimant short name: MOAREFI
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): 116503
Motion number(s): M-76538
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Dinkes & Schwitzer, P.C.
By: William Hamel, Esq.
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
Third-party defendant's attorney:
Signature date: September 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 Bilal Moarefi on the ground that the Court of Claims lacks jurisdiction. In his claim, Mr. Moarefi alleges that a motor vehicle "owned by the State of New York, Metropolitan Transportation Authority and/or the Metropolitan Transportation Police Department" collied with his motor vehicle.

The police report annexed to Moarefi's claim states that the car in question was registered to the "MTA Police Dept." Claimant does not dispute this, but argues that his claim should not be dismissed because "questions remain as to which organization owns and operates the . . . MTA Police Department." 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 and actions against the MTA cannot be brought in this court. 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-76538 be granted and claim no. 116503 be dismissed.

September 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 the following: defendant's notice of motion with affirmation in support and exhibits A and B; and claimant's affirmation in opposition.