New York State Court of Claims

New York State Court of Claims
VALERIO v. THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, # 2010-016-028, Claim No. None, Motion No. M-77776

Synopsis

Late claim motion was denied.

Case information

UID: 2010-016-028
Claimant(s): CHRISTIAN VALERIO, by his Mother and Natural Guardian, ALEXANDRA CUELLO
Claimant short name: VALERIO
Footnote (claimant name) :
Defendant(s): THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): None
Motion number(s): M-77776
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Rosenbaum & Rosenbaum, P.C.
By: Matthew T. Gammons, Esq.
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
Third-party defendant's attorney:
Signature date: May 6, 2010
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Christian Valerio, by his Mother and Natural Guardian, Alexandra Cuello, moves for permission to file a late claim pursuant to 10.6 of the Court of Claims Act (the "Act"). The proposed claim arises from a June 24, 2009 incident in which the infant claimant was thrown out of his seat while riding a bus to school, and fractured his femur. It is alleged that when he arrived at the Grand Concourse Academy Charter School in the Bronx, school employees negligently insisted that he walk despite his complaints of severe pain, and as a result, the fracture became displaced, exacerbating the injury and requiring surgery.

Ordinarily, in determining whether to grant this motion, six factors enumerated in the Act must be considered: whether (1) defendant had notice of the essential facts constituting the claim; (2) defendant had an opportunity to investigate the circumstances underlying the claim; (3) the defendant was substantially prejudiced; (4) the claimant has any other available remedy; (5) the delay was excusable and (6) the claim appears to be meritorious.

In this case, however, a more fundamental issue must be addressed. The Court of Claims has jurisdiction only over claims against the State of New York and other entities specifically enumerated by statute. The Court of Claims does not have jurisdiction over claims against charter schools. See, e.g., Robayo v State of New York and Our Neighborhood Charter School, Ct Cl, March 30, 2007 (unreported, claim no. 113082, motion no. M-72708, UID #2007-028-537(1) , Sise, J.).

Accordingly, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-77776 be denied.

May 6, 2010

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