Davis v. State of New York, 129 A.D.3d 1353 (N.Y. App. Div. 2015). · Go Syfert
Davis v. State of New York, 129 A.D.3d 1353 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Gomez v. State of New York (2×)
N.Y. App. Div. · 2026 · confidence medium
To wit, the Court of Claims properly determined that it lacked subject matter jurisdiction over the nonconstitutional claims, as they ultimately implicate the merits of the underlying agency determinations, regardless of how claimant seeks to characterize them ( see Cumberland v State of New York , 217 AD3d 1029, 1030 [3d Dept 2023]; Jones v State of New York , 171 AD3d 1362, 1364 [3d Dept 2019], appeal dismissed 33 NY3d 1056 [2019]; Matter of Barnes [*2] v State of New York , 164 AD3d 977, 978 [3d Dept 2018]; Green v State of New York , 90 AD3d 1577, 1578-1579 [4th Dept 2011], lv dismissed & …
discussed Cited as authority (rule) Nelson v. State of New York
N.Y. App. Div. · 2026 · confidence medium
Accordingly, the Court of Claims properly concluded that it lacked subject matter jurisdiction ( see id. ; Davis v State of New York , 129 AD3d 1353, 1353-1354 [3d Dept 2015], appeal dismissed 26 NY3d 949 [2015]).
examined Cited as authority (rule) Alam v. State of New York (3×)
N.Y. App. Div. · 2026 · confidence medium
"Regardless of how a claim is characterized, one that requires, as a threshold matter, the review of an administrative agency's determination falls outside the subject matter jurisdiction of the Court of Claims" ( Pratow Corp. v State of New York , 148 AD3d 1065, 1065-1066 [alterations and internal quotation marks omitted]; see Polanco v State of New York , 130 AD3d 1494, 1495; Davis v State of New York , 129 AD3d 1353, 1353-1354).
discussed Cited as authority (rule) Cumberland v. State of New York
N.Y. App. Div. · 2023 · confidence medium
Likewise, claimant's attempt to obtain judicial review of the alleged failure of prison officials to follow proper procedure and rules "involves agency action that is reviewable in Supreme Court via a CPLR article 78 proceeding" ( Davis v State of New York , 129 AD3d 1353, 1354 [3d Dept 2015], appeal dismissed 26 NY3d 949 [2015]).
discussed Cited as authority (rule) Graham v. State of New York
N.Y. App. Div. · 2023 · confidence medium
These grievances must be brought in a CPLR article 78 proceeding in Supreme Court and, therefore, the Court of Claims does not have subject matter jurisdiction to resolve them ( see Nasca v New York State Dept. of Taxation & Fin. , 205 AD3d 1169 , 1170 [3d Dept 2022], lv denied 39 NY3d 905 [2022]; Davis v State of New York , 129 AD3d 1353, 1354 [3d Dept 2015], appeal dismissed 26 NY3d 949 [2015]; Hope for Youth, Inc. v State of New York , 125 AD3d 1211, 1212-1213 [3d Dept 2015]).
discussed Cited as authority (rule) Thomas v. State of New York
N.Y. App. Div. · 2022 · confidence medium
We agree with the Court of Claims that resolution of this claim would require review of an administrative agency's determination and that the Court of Claims lacks the jurisdiction to conduct such a review ( see Davis v State of New York , 129 AD3d 1353, 1353-1354 [2015], appeal dismissed 26 NY3d 949 [2015]; Chevron U.S.A.
discussed Cited as authority (rule) Commissiong v. State of N.Y. Div. Hous. Community Renewal
N.Y. App. Div. · 2021 · confidence medium
Accordingly, the Court of Claims properly concluded that it lacked subject matter jurisdiction ( see Matter of Helgason v New York State Div. of Hous. & Community Renewal , 66 AD3d 490 [1st Dept 2009], appeal dismissed and lv denied 14 NY3d 764 [2010]; Davis v State of New York , 129 AD3d 1353, 1354 [3d Dept 2015], appeal dismissed 26 NY3d 949 [2015]).
discussed Cited as authority (rule) Commissiong v. State of N.Y. Div. Hous. Community Renewal
N.Y. App. Div. · 2021 · confidence medium
Accordingly, the Court of Claims properly concluded that it lacked subject matter jurisdiction ( see Matter of Helgason v New York State Div. of Hous. & Community Renewal , 66 AD3d 490 [1st Dept 2009], appeal dismissed and lv denied 14 NY3d 764 [2010]; Davis v State of New York , 129 AD3d 1353, 1354 [3d Dept 2015], appeal dismissed 26 NY3d 949 [2015]).
cited Cited as authority (rule) Pratow Corp. v. State of New York
N.Y. App. Div. · 2017 · confidence medium
Such a challenge “is reviewable in Supreme Court via a CPLR article 78 proceeding” (Davis v State of New York, 129 AD3d 1353, 1354 [2015]).
Retrieving the full opinion text from the archive…
Robert Davis, Appellant,
v.
State of New York, Respondent
519379.
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 2015.
129 A.D.3d 1353
Lahtinen, Garry, Egan, Rose.
Cited by 6 opinions  |  Published
Lahtinen, J.R

Appeal from an order of the Court of Claims (Milano, J.), entered June 6, 2014, which granted defendant’s motion to dismiss the claim.

Claimant commenced this action alleging, among other things, that the Board of Parole failed to personally interview him as required by Executive Law § 259-i (2) (a) (i) before making its 2013 decision denying him parole. Defendant moved to dismiss the claim asserting, among other grounds, that the Court of Claims lacked subject matter jurisdiction. The Court of Claims agreed and granted defendant’s motion. Claimant appeals.

We affirm. “Regardless of how a claim is characterized, one that requires, as a threshold matter, the review of an administrative agency’s determination falls outside the subject matter[*1354] jurisdiction of the Court of Claims” (Green v State of New York, 90 AD3d 1577, 1578 [2011], lv dismissed and denied 18 NY3d 901 [2012]; see Hope for Youth, Inc. v State of New York, 125 AD3d 1211, 1212 [2015]; City of New York v State of New York, 46 AD3d 1168, 1169 [2007], lv denied 10 NY3d 705 [2008]). Although claimant framed his claim as one for money damages, he is, in essence, seeking judicial review of the Board’s alleged failure to follow proper procedures when denying him parole. Such challenge involves agency action that is reviewable in Supreme Court via a CPLR article 78 proceeding (see e.g. Matter of Leung v Evans, 120 AD3d 1478, 1479 [2014], lv denied 24 NY3d 914 [2015]; Matter of Rivera v New York State Div. of Parole, 119 AD3d 1107, 1108 [2014]), and, accordingly, the Court of Claims properly determined that it lacked subject matter jurisdiction (see e.g. Feuer v State of New York, 101 AD3d 1550, 1551 [2012]; Chevron U.S.A. Inc. v State of New York, 86 AD3d 820, 820 [2011]; Buonanotte v New York State Off. of Alcoholism & Substance Abuse Servs., 60 AD3d 1142, 1144 [2009], lv denied 12 NY3d 712 [2009]).

Claimant’s remaining contentions have been considered and are unpersuasive.

Garry, Egan Jr. and Rose, JJ., concur.

Ordered that the order is affirmed, without costs.