Opinion
# 2012-043-064 Claim No. 121349 Motion # 2012-043-064 Claim No. M-81769 # 2012-043-064 Claim No. M-81853
08-01-2012
YU-JEN CHANG v. ALL DEPARTMENT HEADS FOR RENSSELAER COUNTY, SARATOGA COUNTY, AND ALBANY COUNTY
Synopsis
Claim alleging civil rights violations by defendant counties is dismissed for lack of jurisdiction. Case information
UID: 2012-043-064 Claimant(s): YU-JEN CHANG Claimant short name: CHANG Footnote (claimant name) : Defendant(s): ALL DEPARTMENT HEADS FOR RENSSELAER COUNTY, SARATOGA COUNTY, AND ALBANY COUNTY Footnote (defendant name) : Third-party claimant (s): Third-party defendant (s): Claim number(s): 121349 Motion number(s): M-81769, M-81853 Cross-motion number(s): Judge: FRANK P. MILANO Claimant's attorney: NONE For Defendant Rensselaer County: CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C. By: Panagiota K. Hyde, Esq. For Defendant Saratoga County: Defendant's attorney: KELLY & LEONARD, LLP By: Thomas E. Kelly, Esq. For Defendant Albany County: NONE Third-party defendant's attorney: Signature date: August 1, 2012 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
This claim seeks recovery against defendants Rensselaer County, Saratoga County and Albany County for civil rights violations allegedly suffered in the context of certain judicial proceedings in Rensselaer County Supreme Court.
Defendants Rensselaer County (M-81769) and Saratoga County (M-81853), respectively, move to dismiss the claim for lack of subject matter jurisdiction and lack of personal jurisdiction. Neither defendant Albany County nor claimant have appeared on the respective motions. The claim is dismissed for lack of subject matter jurisdiction.
The Court of Claims is a court of limited jurisdiction, charged with "exclusive jurisdiction over actions for money damages against the state," based upon the acts or omissions of its agencies or employees, where the State is the real party in interest (Monreal v New York State Dept. of Health, 38 AD3d 1118, 1119 [3d Dept 2007]; Woodward v State of New York, 23 AD3d 852, 855-856 [2005], lv dismissed 6 NY3d 807 [2006]; NY Const., Art. VI, § 9; Court of Claims Act § 9).
The Court thus lacks jurisdiction over this claim alleging tortious acts by the named counties and/or by individuals neither employed by, nor acting on behalf of, the State of New York (Morell v Balasubramanian, 70 NY2d 297 [1987]).
The claim is dismissed.
August 1, 2012
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
Papers Considered:
1. Notice of Motion of Defendant Rensselaer County, filed June 20, 2012;
2. Affidavit of Panagiota K. Hyde, sworn to June 19, 2012, and annexed exhibits;
3. Notice of Motion of Defendant Saratoga County, filed July 10, 2012;
4. Affidavit of Thomas E. Kelly, sworn to July 9, 2012, and annexed exhibit.