New York State Court of Claims

New York State Court of Claims
RUDY v. 123 PCT, MAIN STREET

S.I. NY 10307

DANIEL DONOVAN SR.

DISTRICT ATTORNEY, S.I. NY 10301

DET MIGULL, 122 PCT

2320 HYLAN BLVD. S.I. NY 10306

DANIEL DONOVAN JR.

DISTRICT ATTORNEY S.I. NY 10301

RICHMOND COUNTY STATEN ISLAND NY

, # 2010-016-052, Claim No. 117236, Motion No. M-78417

Synopsis

Claim making allegations against the New York City Police Department and the District Attorney's Office was dismissed for lack of jurisdiction.

Case information

UID: 2010-016-052
Claimant(s): JAY RUDY 5410803291
18-18 HAZEN ST.
E. ELMHURST NY 11370
Claimant short name: RUDY
Footnote (claimant name) :
Defendant(s): 123 PCT, MAIN STREET
S.I. NY 10307
DANIEL DONOVAN SR.
DISTRICT ATTORNEY, S.I. NY 10301
DET MIGULL, 122 PCT
2320 HYLAN BLVD. S.I. NY 10306
DANIEL DONOVAN JR.
DISTRICT ATTORNEY S.I. NY 10301
RICHMOND COUNTY STATEN ISLAND NY
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117236
Motion number(s): M-78417
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Jay Rudy, Pro Se
No Appearance
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, AAG
Third-party defendant's attorney:
Signature date: August 2, 2010
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant moves to dismiss the claim of Jay Rudy on several grounds. In his claim, which is somewhat difficult to discern, Mr. Rudy makes allegations concerning the New York City Police Department and the Richmond County District Attorney's Office.

The Court of Claims has jurisdiction only over claims against the State of New York and a limited number of other entities specifically enumerated by statute. The Court of Claims does not have jurisdiction over the City of New York or its police department. As to the District Attorney's Office, the State is not liable for the actions of district attorneys, as they are not State officers. See Fisher v State of New York, 10 NY2d 60 (1961).

In view of the foregoing, this Court lacks jurisdiction over the claim of Jay Rudy and defendant's remaining arguments need not be reached. Accordingly, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-78417 be granted and that claim no. 117236 be dismissed.

August 2, 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.