Opinion
# 2015-045-012 Claim No. 125177 Motion No. M-86105
03-30-2015
CATHY S. MITCHELL, Individually and as Parent and Legal Guardian of plaintiff, MYA R. FULTON, JESSICA HODGES, Individually and as Parent and Legal Guardian of plaintiff, JAQUELYN HODGES, and LAMICHAEL TAYLOR v. THE STATE OF NEW YORK
No Appearance Hon. Eric T. Schneiderman, Attorney General By: Robert E. Morelli, Assistant Attorney General
Synopsis
Defendant's motion to dismiss pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(2) and (7) and Court of Claims Act §§ 8, 9 and 11 due to improper claim, failure to serve claim on defendant, failure to state a cause of action.
Case information
UID: | 2015-045-012 |
Claimant(s): | CATHY S. MITCHELL, Individually and as Parent and Legal Guardian of plaintiff, MYA R. FULTON, JESSICA HODGES, Individually and as Parent and Legal Guardian of plaintiff, JAQUELYN HODGES, and LAMICHAEL TAYLOR |
Claimant short name: | MITCHELL |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | The caption has been amended, sua sponte, to reflect the State of New York as the only properly named defendant. |
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Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 125177 |
Motion number(s): | M-86105 |
Cross-motion number(s): | |
Judge: | GINA M. LOPEZ-SUMMA |
Claimant's attorney: | No Appearance |
Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Robert E. Morelli, Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | March 30, 2015 |
City: | Hauppauge |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this motion: Defendant's Notice of Motion, Defendant's Affirmation in Support with annexed Exhibits A-C and the Affidavit of Joseph Reyes.
Defendant has brought this pre-answer motion pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(2) and (7) and Court of Claims Act (CCA) §§ 8, 9 and 11, seeking an order dismissing the claim. Claimants have not opposed this motion.
Defendant argues that the claim fails to state a cause of action against the State of New York in this matter. Claimants allege in their claim, inter alia, that on "August 3, 2014 at approximately 2:30 P.M., Mya Fulton, Jessica Hodges, Jacquelyn Hodges and Lamichael Taylor were wrongfully seized in violation of their civil rights. Lamichael Taylor was handcuffed and falsely accused, without legal justification." They allege that Cathy Mitchell's residence was illegally searched and damaged by a variety of law enforcement agencies. The only entity listed in the claim which is an agency of defendant is the New York State Park Police.
On a motion to dismiss pursuant to CPLR 3211, the court is required to "accept the facts as alleged in the [claim] as true, accord [claimant] the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" (Leon v Martinez, 84 NY2d 83, 87-88 [1994]). The review entails "whether the proponent of the pleading has a cause of action, not whether he has stated one" (id. at 88).
To the extent that claimants are alleging a violation of the New York State Constitution, it is impermissible. The Court should not entertain such a claim when an adequate alternative remedy is available to claimant (Waxter v State of New York, 33 AD3d 1180 [3d Dept 2006]; Martinez v City of Schenectady, 97 NY2d 78 [2001]; Remley v State of New York, 174 Misc 2d 523 [Ct Cl 1997]). Claimants have adequate alternative remedies available to them arising out of their claim against non-State entities. To the extent claimants are alleging violations of rights guaranteed by the federal constitution such claims are beyond the jurisdiction of this court and must be dismissed (see CCA § 9).
To the extent claimants are attempting to bring claims against the Village of Rockville Centre, the Federal Bureau of Investigation, the County of Nassau and the Village of Lynbrook, non-State entities, they are also outside the jurisdiction of the Court of Claims (see CCA § 9).
Defendant has submitted the official reports from the Rockville Centre Police Department as well as the Nassau County Police Department which show that the only police units at the scene of the subject incident were members of the Rockville Centre, Nassau County and Lynbrook police units.
Defendant has also submitted the Affidavit of Joseph Reyes, a Captain in the Division of Law Enforcement of the Park Police of the New York State Office of Parks, Recreation and Historic Preservation (Park Police). Captain Reyes stated that he has been employed by the Park Police for approximately 25 years and was employed on August 3, 2014. He is the regional commander for the Park Police and oversees all Park Police who are employed on Long Island. His duties include oversight of all Park Police calls responded to and reviewing all daily assignments, New York State Incident Reports and Parks events generated by Park Police Officers during their course of duty. Captain Reyes conducted a thorough search and review of all regional databases, Park Police records and Parks assignments and events from the Park Police activities on August 3, 2014 and found no record or report that any Park Police Officer responded to the subject incident or were present there for any reason.
The Court of Claims is a court of limited jurisdiction wherein actions are primarily brought seeking monetary damages against the State of New York (see CCA § 9). Defendant has established, without contradiction, that it was not present at the subject incident at the date and time of the alleged incident.
Therefore, for the foregoing reasons, defendant's motion to dismiss the claim is granted.
March 30, 2015
Hauppauge, New York
GINA M. LOPEZ-SUMMA
Judge of the Court of Claims