New York State Court of Claims

New York State Court of Claims
VAN WYK v. QUEENSBOROUGH COMMUNITY COLLEGE, CITY UNIVERSITY OF NEW YORK (CUNY), # 2017-054-003, Claim No. 130070, Motion No. M-90977

Synopsis

Court does not have jurisdiction over claims against CUNY community college, only against CUNY senior college.

Case information

UID: 2017-054-003
Claimant(s): GARY VAN WYK, PH. D.
Claimant short name: VAN WYK
Footnote (claimant name) :
Defendant(s): QUEENSBOROUGH COMMUNITY COLLEGE, CITY UNIVERSITY OF NEW YORK (CUNY)
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 130070
Motion number(s): M-90977
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: GARY VAN WYK, PH. D.
Pro Se
Defendant's attorney: HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Lawrence E. Kozar, Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 22, 2017
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:

Notice of Motion, Attorney's Supporting Affirmation and Exhibit

Defendant brings this pre-answer motion to dismiss Claim No. 130070 due to the Court's lack of jurisdiction over the claim.

The claim alleges that on July 28, 2017, claimant was terminated from his employment as Gallery Assistant at Queensborough Community College. The Court of Claims has exclusive jurisdiction to hear claims brought against the City University of New York for alleged wrongdoing committed by a "senior college" of that university (see Education Law 6224 [4]; 6202 [5]; Gelin v Lehman College, 254 AD2d 119 [1st Dept 1998]). Queensborough Community College is a "community college" (Education Law 6202 [4]; see Apollon v Guiliani, 168 Misc 2d 363, 364 [Sup Ct, NY County 1995] [QBCC is a community college]) and not a "senior college" (Education Law 6202 [5]). Pursuant to Education Law 6224 (1), actions alleging wrongdoing by a community college must be brought in a court of general jurisdiction, under General Municipal Law 50-e and 50-i (see Amato v State of New York, 131 Misc 2d 1049 [Ct Cl, 1986] [Court of Claims lacks jurisdiction to hear claims brought against a community college]). Thus, the Court of Claims does not have jurisdiction to hear this claim alleging wrongdoing by Queensborough Community College and the claim warrants dismissal.

Accordingly, defendant's unopposed motion to dismiss Claim No. 130070 is hereby GRANTED.

September 22, 2017

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims