Opinion
# 2018-015-140 Claim No. 131036 Claim No. 131037 Claim No. 131060 Claim No. 131089 Claim No. 131090 Claim No. 131092 Motion No. M-92061
08-03-2018
LYUBOV YEFIMOVA v. THE STATE OF NEW YORK
Lyubov Yefimova, Pro Se Honorable Barbara D. Underwood, Attorney General By: Glenn C. King, Esq., Assistant Attorney General
Synopsis
Multiple claims against individually-named defendants were dismissed for lack of jurisdiction and failure to meet the pleading requirements of Court of Claims Act § 11 (b).
Case information
| UID: | 2018-015-140 |
| 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): | 131036, 131037, 131060, 131089, 131090, 131092 |
| Motion number(s): | M-92061 |
| 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: Glenn C. King, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 3, 2018 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves to dismiss claim numbers 131036, 131037, 131060, 131089, 131090 and 131092 on the ground the Court of Claims does not have jurisdiction over claims against the defendants named therein, and on the additional ground that the claims fails to meet the pleading requirements of Court of Claims Act § 11 (b).
The named defendant in claim number 131060 is "Brook DeBow", the named defendant in claim number 131089 is "IRS-Albany Robbery Office Clinton Av.", the named defendant in claim number 131090 is "Eric Schneiderman (Michael Hudson)" and the named defendant in claim number 131092 is "Richard Sise". Claim number 131037, one of the claims for which the defendant seeks dismissal, was dismissed by Order of the Honorable Richard E. Sise, Acting Presiding Judge, dated March 28, 2018.
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). This Court does not have subject matter jurisdiction to entertain the claims filed against any of the defendants named in the above referenced claims.
Moreover, none of the claims meet the pleading requirements of Court of Claims Act § 11 (b) as they fail to allege the time when and the place where the claim arose, the nature of the claims, the items of damage or injuries claimed to have been sustained or the total sum claimed as damages.
The Court has reviewed claim number 131036 and finds it too fails to meet the pleading requirements of Court of Claims Act § 11 (b). Although the claim names "State-Albany" as a defendant and the Court is able to determine that it involves the loss of various bodily organs, it clearly fails to allege the particulars Court of Claims Act § 11 (b) requires. This claim is therefore dismissed.
The Court notes that it has experienced great difficulty in interpreting the allegations set forth in each of the claims such as to discern any logical meaning. In fact, the content of the claims appear to be, largely, nonsensical. Claimant should be aware that the Court will consider the imposition of sanctions in the event she should continue to file such frivolous claims in the future.
Accordingly, defendant's motion is granted with respect to claim numbers 131036, 131060, 131089, 131090, 131092 and these claims are dismissed.
The motion with respect to claim number 131037 is denied as moot.
August 3, 2018
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of motion, dated April 4, 2018;
2. Affirmation in support, by Glenn C. King, Esq., dated April 4, 2018, with Exhibits A-G.