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Schaffer v. Evans

57 N.Y.2d 992 Court N.Y. Decision date 1982-11-09 English

Contents

Majority

p. 992
Martin B. Schaffer, Appellant, v Herbert B. Evans, as Chief Administrator of the Unified Court System of the State of New York, et al., Respondents.
Argued October 7, 1982
decided November 9, 1982
p. 993
APPEARANCES OF COUNSEL
Martin B. Schaffer, appellant pro se.
Paul A. Feigenbaum, Michael Colodner and Kenneth Falk, for Herbert B. Evans, as Chief Administrator of the Unified Court System of the State of New York, respondent.
Robert Abrams, Attorney-General {William J. Kogan and Peter H. Schiff of counsel), for Edward V. Regan, as Comptroller of the State of New York, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

p. 994
We agree with the Appellate Division that plaintiff’s causes of action against the State officials are primarily claims against the State for money damages and as such could only be entertained in the Court of Claims (Court of Claims Act, § 9, subd 4). Nor can it be said that the Appellate Division abused its discretion in not converting this complaint requesting monetary compensation for past services into an article 78 proceeding.

Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur; Chief Judge Cooke taking no part.

Order affirmed, with costs, in a memorandum.