Opinion
2021-03410 Index 100054/17
06-01-2021
Towaki Komatsu, Plaintiff-Appellant, v. New York City Human Resources Administration, Defendant-Respondent. Appeal No. 13982 Case No. 2020-02038
Towaki Komatsu, appellant pro se. James E. Johnson, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Towaki Komatsu, appellant pro se.
James E. Johnson, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Before: Kern, J.P., Moulton, González, Scarpulla, JJ.
Order, Supreme Court, New York County (Lyle E. Frank, J.), entered February 27, 2020, which granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion to amend the complaint to add the City of New York, unanimously affirmed, without costs.
Defendant, the New York City Human Resources Administration (HRA), is a City agency and is thus not a proper party to this action (NY City Charter § 396; Funt v Human Resources Admin. of the City of N.Y., 68 A.D.3d 490 [1st Dept 2009], lv denied 15 N.Y.3d 911 [2010]).
Plaintiff's motion to substitute the City for HRA was properly denied, as it was already decided against him in a prior order in this action (see Carmona v Mathisson, 92 A.D.3d 492, 493 [1st Dept 2012]). In any event, the complaint fails to state a claim against HRA, as the allegations do not implicate the agency (see Mosaic Caribe, Ltd. v AllSettled Group, Inc., 117 A.D.3d 421, 422 [1st Dept 2014]).
We have considered plaintiff's contentions about judicial impropriety and find them unavailing.