|Claimant short name:||YEFIMOVA|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Lyubov Yefimova, Pro Se|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, AAG
|Third-party defendant's attorney:|
|Signature date:||January 8, 2010|
|See also (multicaptioned case)|
Defendant moves to dismiss the claim of Lyubov Yefimova on the grounds that the Court of Claims does not have jurisdiction over claims against the New York City Police Department, and that the claim fails to state a date of accrual. Ms. Yefimova's claim states that "I demand payments of all my incidents and for help in America." Attached to the claim are documents referring to far-ranging topics including, by way of example, claimant's husband's alleged attempt to murder her. Several of the attached documents relate to complaints that Ms. Yefimova made to the New York City Civilian Complaint Review Board alleging police misconduct.
The Court of Claims has jurisdiction only to hear claims against the State of New York and certain other entities specified by statute. It does not have jurisdiction to hear claims against any of the individuals referred to in Ms. Yefimova's claim. Nor does it have jurisdiction to hear claims against the New York City Police Department. A review of the claim here demonstrates that there are no allegations implicating the State of New York, other than several vague references to proceedings in Surrogate's Court and Family Court, which are largely indiscernible. To the extent that she seeks to make a claim against the State of New York, Ms. Yefimova has failed to adequately state the nature of same, a jurisdictional requirement pursuant to §11.b of the Court of Claims Act.
In view of the foregoing, this Court lacks jurisdiction over the claim of Lyubov Yefimova and defendant's argument concerning a date of accrual need not be reached. Accordingly, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-77483 be granted and that claim no. 117438 be dismissed.
January 8, 2010
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. The following were reviewed: defendant's notice of motion with affirmation in support and exhibit A; and claimant's twelve page submission received November 19, 2009.