Opinion
# 2017-054-003 Claim No. 130070 Motion No. M-90977
09-22-2017
GARY VAN WYK, PH. D. v. QUEENSBOROUGH COMMUNITY COLLEGE, CITY UNIVERSITY OF NEW YORK (CUNY)
GARY VAN WYK, PH. D. Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Lawrence E. Kozar, Assistant Attorney General
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