| Dinerman v NYS Lottery |
| 2009 NY Slip Op 00332 [58 AD3d 669] |
| January 20, 2009 |
| Appellate Division, Second Department |
| Sally Dinerman, Appellant, v NYS Lottery,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany, N.Y. (Denise A. Hartman and Marcus J.Mastracco of counsel), for respondent.
In an action to recover damages for negligence, the plaintiff appeals from an order of theSupreme Court, Kings County (Saitta, J.), dated January 31, 2008, which granted the defendant'spre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a) (2).
Ordered that the order is affirmed, without costs or disbursements.
The Court of Claims has exclusive jurisdiction over actions for money damages against Stateagencies, departments, and employees acting in their official capacity in the exercise ofgovernmental functions (see Morell v Balasubramanian, 70 NY2d 297, 300 [1987];Schaffer v Evans, 57 NY2d 992, 994 [1982]; Sinhogar v Parry, 53 NY2d 424,431 [1981]). Consequently, the Supreme Court properly granted the defendant's motion todismiss the complaint pursuant to CPLR 3211 (a) (2) for lack of subject matter jurisdiction, asthe claims in this case arise from acts performed, and determinations made, by State employeesin the course of their official duties. Rivera, J.P., Santucci, Carni and Dickerson, JJ., concur.