DR. ROCMIN, # 2010-016-063, Claim No. 118748, Motion No. M-78773
|Claimant short name:||LEWIS|
|Footnote (claimant name) :|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Hubert Lewis, Pro Se|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Ross N. Herman, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||October 25, 2010|
|See also (multicaptioned case)|
In this claim, Hubert Lewis alleges that "[he] was in Harlem Hospital and . . . was [forced] to [have] surgery . . . in October of 2009." Defendant moves to dismiss the claim on the grounds that: (1) it fails to state a cause of action against the State of New York; (2) it was untimely; (3) it was not properly verified; and (4) it fails to satisfy the pleading requirements of §11 of the Court of Claims Act.
Claimant, who filed no opposition papers, does not dispute defendant's assertion that Harlem Hospital is not a New York State entity, but rather is part of the New York City Health and Hospitals Corporation. 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 New York City Health and Hospitals Corporation. Nor does the Court of Claims have jurisdiction over private individuals such as named defendant Dr. Rocmin. See, e.g., Gazquez v Komonoff Geriatric and Rehabilitation Center, Ct Cl, March 14, 2007 (unreported, claim no. 112705, motion no. M-72549, UID #2007-033-235(1) , Lack, J.). Moreover, claimant has failed to make any allegations in his claim which would implicate the State of New York. In sum, this claim fails to state a cause of action against the State of New York and the Court lacks jurisdiction over the named defendants. Accordingly, defendant's remaining arguments need not be reached.
Accordingly, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-78773 be granted and that claim no. 118748 be dismissed.
October 25, 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 Court reviewed defendant's notice of motion with affirmation in support and exhibits A through D. Claimant filed no opposition papers.