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The New York State Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York...so says the home page of the Court of Claims. As one reads this statement don't be fooled by the word exclusive. Most claimants who pursue an action against the state of NY have their cases dismissed under the guise of Article 78 which is in the superior court of NY. One pursuing an action against NY must be aware of the pitfalls. Recovering damages is difficult as well. Most decisions that are overturned in the Court of Claims are now too late to go to the Superior Court. Even at that Article 78 provides a remedy that involves a change of the decision of the agency that has overstepped or has abused its authority only it rarely provides any monetary comfort for all the effort to have wrong corrected.. A review of the case law which includes the pleadings shows the Court of Claims currently considers any action by a New York agency a decision, not a matter of conduct. Further the Court of Claims website does not produce the pleadings, only the decision. It is important that there should be the pleading posted as well. This allows the reader to know all the facts about the case and the true basis of the judge's decision. Hopefully the Court of Claims will provide more disclosure so that pro ce litigates are not mislead as aforementioned "exclusive".
