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Van Wyk v. Queensborough Cmty. Coll.

New York State Court of Claims
Sep 22, 2017
# 2017-054-003 (N.Y. Ct. Cl. Sep. 22, 2017)

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


Summaries of

Van Wyk v. Queensborough Cmty. Coll.

New York State Court of Claims
Sep 22, 2017
# 2017-054-003 (N.Y. Ct. Cl. Sep. 22, 2017)
Case details for

Van Wyk v. Queensborough Cmty. Coll.

Case Details

Full title:GARY VAN WYK, PH. D. v. QUEENSBOROUGH COMMUNITY COLLEGE, CITY UNIVERSITY…

Court:New York State Court of Claims

Date published: Sep 22, 2017

Citations

# 2017-054-003 (N.Y. Ct. Cl. Sep. 22, 2017)