— Order, Court of Claims (Gerard Weisberg, J.), entered March 31, 1989, which granted claimаnt’s motion for summary judgment, and a judgment of said court entered on or about April 17, 1989 in favor of the claimаnt in the total sum of $7,544.51 both unanimously affirmed, without costs.
The State conceded that the Bronx County Clerk negligently failed to timely docket claimant’s Nassau County judgment, thus allowing the judgmеnt debtor to convey his parcel of land in Bronx County free of claimant’s encumbrance and frustrating claimant’s ability to executе on the judgment. However, the Statе on appeal argues thаt in failing to properly dockеt the judgment, the Bronx County Clerk actеd as a local rather than as a State official, and that thеrefore the City of New York and not the State should be held liable. Alternatively, the State argues that еven if the Clerk acted in his capacity as a State officiаl, sovereign immunity protects the Stаte from liability for the Clerk’s negligenсe.
The docketing of a judgment is fundamentally a court act and arises from the County Clerk’s role as Clerk of the Supreme Court. (Ashland Equities Co. v Clerk of N. Y. County,