New York State Court of Claims

New York State Court of Claims

TRISCARI v. THE STATE OF NEW YORK, #2000-001-005, Claim No. 97049, Motion No. M-60785


Synopsis


Claimant's motion to amend his claim to add a request for the anticipated costs and disbursements is denied and the Court transfers this claim to the IAS calendar of the Honorable Donald J. Corbett, Jr. in the Rochester District.

Case Information

UID:
2000-001-005
Claimant(s):
GERLANDO TRISCARI
Claimant short name:
TRISCARI
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97049
Motion number(s):
M-60785
Cross-motion number(s):

Judge:
Susan Phillips Read
Claimant's attorney:
Gerlando Triscari, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Eileen E. Bryant, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 6, 2000
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered on claimant's petition for additional expenses compensation: Petition for Additional Expenses Compensation, sworn to November 29, 1999 and filed December 1, 1999; Affirmation in Opposition of Eileen E. Bryant, dated December 6, 1999 and filed December 9, 1999; Claim No. 97049, sworn to September 25, 1997 and filed September 29, 1997; Verified Answer, sworn to November 6, 1997 and filed November 6, 1997; and letter from claimant to Mr. Klingaman, dated July 27, 1999 and received July 30, 1999.


Claimant Gerlando Triscari ("claimant") alleges damage to his typewriter while it was in the care and custody of employees of the Department of Correctional Services. Court records indicate that claimant is no longer in custody and currently resides in Rochester, New York.

By this motion, claimant seeks to amend his claim to add a request for the anticipated costs and disbursements that he will incur in prosecuting this action. The Court of Claims is prohibited by statute from awarding costs, fees or disbursements to any party with limited exceptions not applicable here (Court of Claims Act § 27). The Court therefore denies

claimant's motion, but hereby transfers this claim to the IAS calendar of the Honorable Donald J. Corbett, Jr. in the Rochester District.



April 6, 2000
Albany, New York

HON. SUSAN PHILLIPS READ
Judge of the Court of Claims