Legal Opinion

Welch v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1994No. Claim No. 82503PublishedCited by 13 opinions

1Opinion of the Court

—Orders, Court of Claims (Gerard Weisberg, J.), entered February 19, 1993, which granted defendant’s motion to dismiss the claim and denied claimant’s cross motion for leave to amend the claim to *81add, inter alia, causes of action under 42 USC §§ 1981, 1983 and 1985, unanimously affirmed, without costs.

There being no dispute that the Civil Court had both personal and subject matter jurisdiction to determine claimant’s renewal motion, the action of one of its Judges in deciding the renewal motion instead of transferring it to the Judge who decided the first motion is cloaked with judicial…

2Cases cited3 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Johnson v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 1984
  3. Mullen v. StateAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by13 opinions

  1. Brown v. State of New YorkNew York Court of Appeals · 1996
  2. Aarismaa v. BenderAppellate Division of the Supreme Court of the State of New York · 2013
  3. Peker v. SteglichCourt of Appeals for the Second Circuit · 2009
  4. Montesano v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  5. Boggs v. StateNew York Court of Claims · 2015

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