Deborah Bush, appellant, v. LLP

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Supreme Court, Appellate Division, Second Department, New York.

Deborah Bush, appellant, v. Stevenson Commons Associates, LLP, Esqs., defendant;  State of New York, nonparty-Respondent.

2016–13029 (Claim No. 127704)

Decided: December 20, 2017

REINALDO E. RIVERA, J.P. SHERI S. ROMAN HECTOR D. LASALLE BETSY BARROS, JJ. Deborah Bush, Bronx, NY, appellant pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Andrew W. Amend and David Lawrence III of counsel), for nonparty -respondent.

Submitted—October 12, 2017


In a claim, inter alia, to recover damages for housing discrimination, the claimant appeals from an order of the Court of Claims (Soto, J.), dated September 12, 2016, which granted the motion of nonparty State of New York to dismiss the claim for lack of subject matter jurisdiction.

ORDERED that the order is affirmed, without costs or disbursements.

“The Court of Claims has limited jurisdiction to hear actions against the State itself, or actions naming State agencies or officials as defendants, where the action is, in reality, one against the State—i.e., where the State is the real party in interest” (Morell v. Balasubramanian, 70 N.Y.2d 297, 300;  Borawski v. Abulafia, 117 AD3d 662, 663;  Starker v Trump Vil. Section 4, Inc., 104 AD3d 937, 937–938), as well as claims against a few other State-related entities as provided by statute (see Erie Blvd. Hydropower, LP v State of New York, 90 AD3d 1292, 1293;  Public Authorities Law § 361–b;  Education Law § 6224[4];  see also Plath v New York State Olympic Regional Dev. Auth., 304 A.D.2d 885, 886–887).  Here, since the defendant is neither a State actor nor one of the State-related entities that may be sued in the Court of Claims, the Court of Claims properly directed dismissal of the claim for lack of subject matter jurisdiction.

In light of our determination, we need not reach the parties' remaining contentions.



Aprilanne Agostino

Clerk of the Court

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