Incomprehensible claim was dismissed as failing to comply with §11 of the Court of Claims Act.
|Claimant short name:||VALLE|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, et al.|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Israel Valle, Pro Se|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, AAG
|Third-party defendant's attorney:|
|Signature date:||April 6, 2010|
|See also (multicaptioned case)|
Defendant moves to dismiss the claim of Israel Valle on several grounds. In his claim, Mr. Valle refers to various causes of action, such as appropriation, wrongful death, personal injury, property damage, breach of contract, constitutional violations, RICO violations and loss of services. While the claim's caption names various judges and court personnel, Valle provides virtually no facts in the claim, and it is impossible to determine what happened or whether he has a viable claim.
Section 11.b of the Court of Claims Act provides in relevant part that a "claim shall state the time when and place where such claim arose, the nature of same, the items of damage or injuries claimed to have been sustained and, except in an action to recover damages for personal injury, medical, dental or podiatric malpractice or wrongful death, the total sum claimed." In Kolnacki v State of New York, 8 NY3d 277 (2007), the Court of Appeals held that the failure to state any of the foregoing items renders a claim jurisdictionally defective. As set forth above, Valle's claim is largely incomprehensible, and it thus fails to state the nature of the claim for the purposes of §11.b of the Act.
In view of the foregoing, the Court lacks jurisdiction over claim no. 117831 and defendant's remaining arguments need not be reached. Accordingly, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-77750 be granted and that claim no. 117831 be dismissed.
April 6, 2010
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. The Court reviewed defendant's notice of motion with affirmation in support and exhibit A. Claimant submitted no opposition papers.