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Eng v State of New York (2006 NY Slip Op 52396(U))
[*1]


Decided on October 23, 2006
Ct Cl

112445

APPEARANCES:For Claimant:
JENNY ENG, pro se
For Defendants:
ELIOT SPITZER, ATTORNEY GENERAL
By: Ellen Matowik Russell, Assistant Attorney General
Melvin L. Schweitzer, J.

file:///C|/Users/Peter/Desktop/NY/2/2006_52396.htm[4/21/2013 6:18:02 PM]
Eng v State of New York (2006 NY Slip Op 52396(U))
This is defendants' pre-answer motion to dismiss the claim for lack of jurisdiction. Although claimant, proceeding pro se, has not submitted opposition papers, the court finds that defendant CUNY has not met its burden of demonstrating lack of jurisdiction and the motion is denied as to that defendant. The court grants the motion to dismiss the claim against the State of New York as the claim does not state a cause of action against the State. All references herein to "defendant" are
to CUNY. [FN1]
The claim, filed June 16, 2006 and served June 23 and 26, 2006, alleges claimant's tuition was miscalculated for the Fall 2004 and Spring 2005 semesters at Baruch College; specifically, that she was charged the non-State resident rate despite having been a resident of New York State. Although the claim alleges an accrual date of May 18, 2006, defendant submits a letter to claimant from CUNY's Office of the General Counsel and Vice Chancellor for Legal Affairs, dated January 24, 2006, advising that claimant's appeal had been denied and that the letter constituted a "final determination" (Exhibit "B" to Notice of Motion). Defendant uses that letter to support its argument that the "claim was served on the Attorney General's Office on June 26, [*2]2006, and on the City
University on June 23, 2006 approximately 6 months [FN2] from the final determination letter dated January 24, 2006 and not within the statutory 90 days" (Affirmation in Support,

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