Opinion
# 2018-038-592 Claim No. 131080 Motion No. M-92167
11-16-2018
S.H. A MINOR CHILD, BY HIS PARENTS AND NATURAL GUARDIANS, PATRICK HART AND KASSANDRA EDINGER v. THE STATE OF NEW YORK AND STATE UNIVERSITY OF NEW YORK - HUDSON VALLEY COMMUNITY COLLEGE
ERIC DINNOCENZO, ESQ. BARBARA D. UNDERWOOD, Attorney General of the State of New York By: Michael T. Krenrich, Assistant Attorney General
Synopsis
Defendant's motion to dismiss personal injury negligence claim for lack of subject matter jurisdiction granted. The local County, not the State or SUNY, was the real party in interest, and the jurisdiction of the Court of Claims does not include a county.
Case information
| UID: | 2018-038-592 |
| Claimant(s): | S.H. A MINOR CHILD, BY HIS PARENTS AND NATURAL GUARDIANS, PATRICK HART AND KASSANDRA EDINGER |
| Claimant short name: | S.H. |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK AND STATE UNIVERSITY OF NEW YORK - HUDSON VALLEY COMMUNITY COLLEGE |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131080 |
| Motion number(s): | M-92167 |
| Cross-motion number(s): | |
| Judge: | W. BROOKS DeBOW |
| Claimant's attorney: | ERIC DINNOCENZO, ESQ. |
| Defendant's attorney: | BARBARA D. UNDERWOOD, Attorney General of the State of New York By: Michael T. Krenrich, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | November 16, 2018 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimants, as parents and natural guardians of infant S.H., filed this claim against the State of New York and the "State University of New York - Hudson Valley Community College" seeking compensation for injuries sustained by S.H. at an ice skating rink at Hudson Valley Community College (HVCC). Defendant's motion to dismiss the claim for lack of subject matter jurisdiction, which claimants oppose, was "held in abeyance pending further factual submissions and legal argument addressed to whether HVCC is owned, operated or contracted to be operated for the State by SUNY" (S.H. v State of New York, UID No. 2018-038-565 [Interim Order, Ct Cl, DeBow, J., June 27, 2018]). Upon consideration of the parties' initial and supplemental submissions, the Court determines that it lacks subject matter jurisdiction over the claim, for the reasons previous stated in a decision of the Court of Claims:
"The Court of Claims is a court of limited jurisdiction and may only exercise jurisdiction in cases or controversies for money damages in which the State, or certain authorities, is properly a party before it (see NY Const, Art VI § 9; Court of Claims Act § 9). In claims brought against SUNY, a corporation consisting of several colleges and related institutions and governed by the SUNY Board of Trustees (see Education Law § 352; Planck v SUNY Bd. of Trustees, 18 AD3d 988, 991 [2005], lv dismissed and lv denied 5 NY3d 844 [2005]), the State is the real party in interest (see Colombo v Schwartz, 15 AD3d 522, 523 [2005]; Wang v State of New York, 23 Misc 3d 1136 [A] [Ct Cl 2008]). However, community colleges such as NCC [Nassau Community College] are not part of the SUNY corporation (see Education Law § 352 [3]; Planck v SUNY Bd. of Trustees, 18 AD3d at 991; Brown v North Country Community Coll., 63 Misc 2d 442, 444 [Sup Ct, Essex County 1970]; Jessop v State of New York, UID No. 2011-045-073, Claim No. 120244, Motion No. M-80419, Lopez-Summa, J. [Nov. 14, 2011]). Rather, community colleges - including NCC - are formed pursuant to Education Law §§ 6301(2) and (3) and are governed by their own Board of Trustees (see Matter of Russo v Nassau County Community Coll., 81 NY2d 690, 695-696 [1993]; Kuznetz v County of Nassau, 229 AD2d 476, 476 [1996]; Matter of Weinstein v Caso, 44 AD2d 690, 691 [1974]; see also Education Law §§ 6301 [2], [3]; 6302; 6306). Moreover, pursuant to Education Law § 6306, title to a community college's real property is held by its local sponsor - here, Nassau County - in trust for the college's benefit, and the college's lands, buildings and facilities are controlled and managed by its Board of Trustees (see Education Law § 6306 [4], [5]; Kuznetz v County of Nassau, 229 AD2d at 476). Thus, although the claim names SUNY as the defendant, Nassau County is the real party in interest in this matter (see Solomon v State of New York, UID No. 2002-013-020, Claim No. 105328, Motion No. M-64643, Patti, J. [May 15, 2002]), and the Court lacks subject matter jurisdiction over the claim (see Court of Claims Act § 9; Aust v State of New York, UID No. 2011-045-050, Claim No. 119397, Motion No. M-79515, Lopez-Summa, J. [Aug. 10, 2011])."
(Patriss v State University of New York, UID No. 2012-039-287 [Ct Cl, Ferreira, J., Feb. 23, 2012]; see also Arlotta v State of new York, UID No. 2018-053-532 [Ct Cl, Sampson, J., June 13, 2018]). Claimants' arguments that the state maintains control over community colleges, that HVCC advertises itself as part of the SUNY system, and that certain statutory provisions involve the State in the administration of community colleges (see Dinnocenzo Affirmation in Opposition, dated October 25, 2018) are simply insufficiently persuasive to overcome judicial precedent that this Court lacks subject matter jurisdiction over claims of negligence on community college campuses because the county in which a community college is situated, and not the State or SUNY, is "the real party in interest" in such a matter (id.). Simply stated, although HVCC receives funding from the State and is subject to SUNY oversight, it is not a part of the SUNY corporation and its not an arm or agency of the State. Thus, any action against it is properly brought in the Supreme Court and not the Court of Claims (see Patriss, supra; see also Brown v North Country Community Coll., 63 Misc 2d 442 [Sup. Ct., Essex County 1970]). Accordingly, it is
ORDERED, that defendant's motion is GRANTED, and claim number 131080 is DISMISSED.
November 16, 2018
Saratoga Springs, New York
W. BROOKS DeBOW
Judge of the Court of Claims Papers considered: (1) Claim number 131080, filed on March 5, 2018; (2) Notice of Motion to Dismiss, dated April 20, 2018; (3) Affirmation of Michael T. Krenrich, AAG, in Support of Motion to Dismiss, dated April 20, 2018, with Exhibit A; (4) Affirmation of Eric Dinnocenzo, Esq., dated May 8, 2018, with Exhibit A; (5) Affirmation of Michael T. Krenrich, AAG, in Support of Motion to Dismiss, dated October 15, 2018, with Exhibit A (Undated Affirmation of Dona S. Bulluck, Esq., in Further Support); (6) Affirmation of Eric Dinnocenzo, Esq., dated October 25, 2018.