AJOKU v. NEW YORK STATE OFF. OF TEMPORARY & DISABILITY ASSISTANCE

Index No. 159104/18. Appeal No. 14321. Case No. 2020-02370.

198 A.D.3d 437 (2021)

152 N.Y.S.3d 566

2021 NY Slip Op 05394

Chijioke Ajoku, Appellant, v. New York State Office of Temporary and Disability Assistance et al. Respondents.

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

Decided October 7, 2021.


Attorney(s) appearing for the Case

Maduegbuna Cooper LLP, New York ( William W. Cowles, II of counsel), for appellant.

Letitia James , Attorney General, New York ( Blair J. Greenwald of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.


The amended complaint's 13th cause of action asserts a claim against defendant New York State Office of Temporary and Disability Assistance (OTDA) for retaliatory whistleblower termination pursuant to Civil Service Law § 75-b. However, claims under Civil Service Law § 75-b are committed to the exclusive jurisdiction of the Court of Claims (see NY Const, art VI, § 9; Court of Claims Act §§ 8-9; Bertoldi v State of New York,

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