Emma T. v. The State of New York

Papers Considered: Verified Claim & Verified Answer       1-4 Notice of Motion, Affirmation & Exhibits Annexed               5-9 Notice of Cross Motion, Affirmation, Affidavit & Exhibits Annexed…10-21 Affirmation in Further Support             22 Affirmation in Reply & Exhibits Annexed             23-24 Memorandum of Law          25 DECISION AND ORDER Upon the foregoing papers and for the following reasons, the Motion by Defendant State of New York (hereinafter “State”), to dismiss the Claim filed by Claimant Emma T. (hereinafter “Claimant”), is granted, and the Claimant’s Cross Motion to amend his Claim, is denied in accordance with the following decision. By Claim filed on February 22, 2021, Claimant commenced the instant action against the State in the Court of Claims pursuant to the Child Victims Act, embodied in CPLR 214-g, alleging that she, as a minor and ward of the State, was placed by the State in various foster care facilities and homes, including at the Brentwood Residential Center for Girls (“Brentwood”) “from approximately 1997 to 1999″ (Claim at 3,

12). At all times, the Claim states that a State’s supervisory employee serving as Brentwood’s Director, Randy Silver, “used the tasks, premises, and instrumentalities of his position with the [State] to isolate and sexually abuse Claimant when she was approximately 15 to 16 years old” (id.