New York State Court of Claims

New York State Court of Claims
v. THE STATE OF NEW YORK, # 2018-050-061, Claim No. 131846, Motion No. M-92859

Synopsis

Case information

UID: 2018-050-061
Claimant(s): PATRICIA ANDUIZA AND FRANK ANDUIZA
Claimant short name:
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) : The caption has been amended sua sponte to reflect the only proper defendant, the State of New York.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131846
Motion number(s): M-92859
Cross-motion number(s):
Judge: STEPHEN J. LYNCH
Claimant's attorney: Siegel & Coonerty, LLP
No Appearance
Defendant's attorney: Hon. Barbara D. Underwood, Attorney General
By: Ross N. Herman, Assistant Attorney General
Third-party defendant's attorney:
Signature date: November 19, 2018
City: Hauppauge
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The claim herein alleges negligence, medical malpractice and a lack of informed consent regarding treatment of claimant Patricia Anduiza at Stony Brook Southampton Hospital on August 21, 2016. Defendant now moves, without opposition, to dismiss the claim for failure to state a cause of action.

As evidenced by the affidavit dated September 13, 2018, and the exhibit thereto, of Ernest Baptiste, the Chief Operating Officer of Stony Brook University Hospital (SBUH), the State of New York acquired Southampton Hospital on August 1, 2017. Prior to that date neither SBUH nor the State of New York had any connection with Southampton Hospital which would enable liability to attach for treatment rendered at Southampton Hospital.

The Court of Claims is a court of limited jurisdiction, having authority to hear only claims specifically authorized by statute against the State of New York for money damages (Court of Claims Act 8 and 9). Here, claimant's allegedly negligent treatment at Stony Brook Southampton Hospital occurred almost a year before defendant purchased the hospital. Her treatment was thus at a hospital which was not State-owned, operated or maintained and the Court has no jurisdiction over this claim (see Lewis v State of New York, UID No. 2010-016-063 [Ct Cl, Marin, J., Oct. 25, 2010]).

Accordingly, defendant's motion is granted and the claim is dismissed.

November 19, 2018

Hauppauge, New York

STEPHEN J. LYNCH

Judge of the Court of Claims

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

1. Notice of Motion, Affirmation in Support with Exhibits.