Shaw v. Town of Camillus

Appellate Division of the Supreme Court of New York

Shaw v. Town of Camillus

288 A.D.2d 902, 732 N.Y.S.2d 606, 2001 N.Y. App. Div. LEXIS 10559

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 9, 2001

StatusPublished

Cited by2 cases

This text of 288 A.D.2d 902 (Shaw v. Town of Camillus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shaw v. Town of Camillus, 288 A.D.2d 902, 732 N.Y.S.2d 606, 2001 N.Y. App. Div. LEXIS 10559 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied [903]*903defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Plaintiff has asserted a valid negligence cause of action premised upon the alleged failure of the Camillus Town Court Clerk to retire an outstanding warrant against plaintiff after the underlying charge had been resolved (see, Glowinski v Braun, 105 AD2d 1153, appeal dismissed 65 NY2d 637). “A public officer may be subject to liability for a wrongful act if that act is deemed ministerial rather than discretionary or quasijudicial in nature” and the Town Court Clerk’s failure to retire a warrant “must be considered ministerial” (Glowinski v Braun, supra, at 1153). (Appeal from Order of Supreme Court, Onondaga County, Roy, J. — Dismiss Pleading.) Present — Green, J. P., Hayes, Scudder, Kehoe and Burns, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied [903]*903defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Plaintiff has asserted a valid negligence cause of action premised upon the alleged failure of the Camillus Town Court Clerk to retire an outstanding warrant against plaintiff after the underlying charge had been resolved (see, Glowinski v Braun, 105 AD2d 1153, appeal dismissed 65 NY2d 637). “A public officer may be subject to liability for a wrongful act if that act is deemed ministerial rather than discretionary or quasijudicial in nature” and the Town Court Clerk’s failure to retire a warrant “must be considered ministerial” (Glowinski v Braun, supra, at 1153). (Appeal from Order of Supreme Court, Onondaga County, Roy, J. — Dismiss Pleading.) Present — Green, J. P., Hayes, Scudder, Kehoe and Burns, JJ.

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Bluebook (online)

288 A.D.2d 902, 732 N.Y.S.2d 606, 2001 N.Y. App. Div. LEXIS 10559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-town-of-camillus-nyappdiv-2001.

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