Opinion
2003-01085.
December 29, 2003.
In an action to recover for damage to real property, the defendants State of New York and the New York State Department of Environmental Conservation appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated July 9, 2002, as denied their motion pursuant to CPLR 3211(a)(2) to dismiss the complaint insofar as asserted against them and granted the plaintiffs' cross motion pursuant to CPLR 325(a) to remove the action to the Court of Claims.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder, Norman Spiegel, and John J. Gibson of counsel), for appellants.
Before: SANDRA L. TOWNES and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The law is well settled that the proper forum for an action against the State which seeks money damages only is the Court of Claims ( see Matter of Gross v. Perales, 72 N.Y.2d 231, 235; Nominee Realty v. State of New York, 233 A.D.2d 426, 427).
The Supreme Court may transfer actions brought therein to any other court, including the Court of Claims, having jurisdiction over the subject matter ( see CPLR 325[a]; N.Y. Const, art VI, § 19[a]; State of New York v. Jacobs, 167 A.D.2d 876, 877). The July 9, 2002, order did not, however, address the issue of whether the plaintiffs satisfied that court's jurisdictional prerequisites ( see Wynne v. DeStaso, A.D.2d [decided herewith]; cf. State of New York v. Dewey, 260 A.D.2d 924; Nish v. Town of Poestenkill, 179 A.D.2d 929, 930, appeal dismissed 79 N.Y.2d 1040) . Therefore, the appropriate forum to make that determination is the Court of Claims.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.