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THOMAS v. TARPLEY

268 A.D.2d 258 (2000)

700 N.Y.S.2d 697

ANJOLA THOMAS et al., Appellants, v. HUGH TARPLEY, as Director of Metro New York Developmental Disabilities Services Office, et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 11, 2000.

The Supreme Court lacked subject matter jurisdiction to entertain plaintiffs' claim for money damages against defendants-respondents, individual State employees who at all times relevant to the instant matter were acting in their official capacities (see, Court of Claims Act § 9 [4]; Sinhogar v Parry, 53 N.Y.2d 424, 431). Plaintiffs' claims that these defendants were negligent are clearly premised upon "actions or determinations...

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