Opinion
# 2018-015-158 Claim No. 131336 Motion No. M-92373
08-29-2018
YUBOV YEFIMOVA v. THE STATE OF NEW YORK
Lyubov Yefimova, Pro Se Honorable Barbara D. Underwood, Attorney General By: Paul F. Cagino, Esq., Assistant Attorney General
Synopsis
Claim which named the Chief Clerk as a defendant was dismissed on jurisdictional grounds.
Case information
| UID: | 2018-015-158 |
| Claimant(s): | LYUBOV YEFIMOVA |
| Claimant short name: | YEFIMOVA |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption has been amended sua sponte to reflect the only properly named defendant. |
|---|---|
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131336 |
| Motion number(s): | M-92373 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Lyubov Yefimova, Pro Se |
| Defendant's attorney: | Honorable Barbara D. Underwood, Attorney General By: Paul F. Cagino, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 29, 2018 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves to dismiss the claim pursuant to CPLR 3211 (a) (2), (7) and (8).
The instant claim purports to name Eileen F. Fazzone, the Chief Clerk of the Court of Claims, as a defendant.
The Court of Claims is a Court of limited jurisdiction empowered to award damages in appropriation, contract or tort for claims against the State of New York (see NY Const, art VI, § 9; Court of Claims Act § 9) and certain other specified entities (see e.g., Education Law § 6224 [4]; Public Authorities Law § 361-b and § 2622; Mitchell v State of New York, UID No. 2005-015-025 [Ct Cl, Collins, J., 2005). The Court is not empowered to hear claims against individually named defendants, even those employed by the State of New York (Smith v State of New York, 72 AD2d 937 [4th Dept 1979]). Moreover, the claim fails to meet the pleading requirements of Court of Claims Act § 11 (b). It is, in fact, largely indecipherable.
Unreported decisions from the Court of Claims are available via the internet at http://www.nyscourtofclaims.state.ny.us/decision.htm.
Accordingly, defendant's motion is granted and the claim is dismissed.
August 29, 2018
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of motion, dated May 25, 2018;
2. Affirmation in support, dated May 25, 2018, with Exhibit A;
3. Unsworn, undated statement in opposition.