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Cassidy v. New York State Ins. Fund

Sovereign Immunity Bars Claims Against WCB, State Insurance Fund; Claims Untimely

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DECISION and ORDER Currently before the court, in this action filed pro se by Plaintiff Robert Craig Cassidy (“Plaintiff”) against Defendants New York State Insurance Fund (“NYSIF”), New York State Worker’s Compensation Board (“WCB”), Attorney General of New York Letitia James, Brian M. Matula, Joseph Slater, Kelsey Lynn Raga, Freida Foster, Ellen O. Paprocki, Linda Hull, Frederick M. Ausill, Loran Lobban, Steven A. Crain, Mark R. Stasko, Samual G. Williams, Mark Higgins, and Darlene Dorsett1 (collectively “Defendants”) pursuant to 42 U.S.C. §1983, is Defendants’ motion to dismiss Plaintiff’s Complaint for lack of subject-matter jurisdiction, insufficient service of process, and/or failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(1), (5), and (6). (Dkt. No. 19.) For the reasons set forth below, Defendants’ motion is granted. I. RELEVANT BACKGROUND A. Plaintiff’s Complaint2 Generally, in his Complaint, Plaintiff alleges as follows. Plaintiff is a Vermont resident and owner of Mountain Time Auctions, Antiques, and Mattresses, a business located in Ticonderoga, New York. (Dkt. No. 1,

3, 7, 9 ["Compl."]). Plaintiff purchased the business in or around 2015 from the previous owner, Richard Harker (“Mr. Harker”). (Id.,

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