Motion to dismiss granted, Court does not have subject matter jurisdiction over the claim.
|Claimant short name:||SMITH|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, STATE UNIVERSITY OF NEW YORK, WESTCHESTER COMMUNITY COLLEGE|
|Footnote (defendant name) :|
|Judge:||Terry Jane Ruderman|
|Claimant's attorney:||SPAR & BERNSTEIN, P.C.|
|Defendant's attorney:||HON. ANDREW M. CUOMO
Attorney General for the State of New York
By: Dian Kerr McCullough, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||January 26, 2010|
|See also (multicaptioned case)|
The following papers were read and considered by the Court on defendants' unopposed motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibit
Claim No. 117583 alleges that on August 12, 2009, claimant slipped and fell on a defective sidewalk located at or about North Third Avenue, between East Sidney Avenue and Oakley Avenue, near the driveway of the Westchester Community College, Mount Vernon Extension Center, marked Lot 2 (Ex. A). The claim alleges negligence of the City of Mount Vernon, its agents, servants and/or employees in its ownership, operation, repair, maintenance and/or control of the sidewalk. The claim is asserted against the State of New York, State University of New York (SUNY) and Westchester Community College (Ex. A).
In support of its motion to dismiss, defendants submit the affirmation of Dona S. Bulluck, Associate Counsel in the Office of University Counsel for SUNY, which states that community colleges, such as Westchester Community College, are not part of SUNY and are not State agencies (Brown v North Country Community Coll., 63 Misc 2d 442). Rather, they are created and operated by local sponsorship (see Education Law §§6301, 6302, 6304, 6306). SUNY is a corporation created in the New York State Education Department (Education Law §352; §101) and Westchester Community College is not part of SUNY (Education Law §352).
Thus, no remedy can be had against the State regarding the allegations of the claim and this Court does not have subject matter jurisdiction over the claim (see Amato v State of New York, 131 Misc 2d 1049;Court of Claims Act §9).
Accordingly, defendants' unrefuted motion to dismiss is hereby GRANTED (CPLR 3211[a] and [a]).
January 26, 2010
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims