New York State Court of Claims

New York State Court of Claims

EMERSON v. THE STATE OF NEW YORK, #2000-005-525, Claim No. 97877, Motion No. M-61820


Synopsis


Motion for permission to amend claim is granted.

Case Information

UID:
2000-005-525
Claimant(s):
WILLIAM G. EMERSON
Claimant short name:
EMERSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97877
Motion number(s):
M-61820
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
William G. EmersonPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Louis J. Tripoli , Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 3, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On July 19, 2000, the following papers, numbered 1 to 4, were read on motion by Claimant for permission to amend his claim:

1, 2 Notice of Motion and Affidavit Annexed

3, 4 Filed Papers: Claim, Order on Motion Nos. M-59001 and M-59002

Upon the foregoing papers, this motion is granted. In an order dated April 20, 1999, in Motion Nos. M-59001 and M-59002, inter alia, I granted Claimant's motion for leave to file an amended claim. Claimant was permitted to add allegations of "Medical Malpractice, Medical Negligence and Ministratal (sic) Neglect" to his original claim which sounded in Deliberate Indifference.

The proposed amended claim appears to address alleged findings after an April 11, 2000, "Arthoscopy procedure" (sic). In the proposed amended claim, Claimant asserts events occurring on November 12, 1999, and thereafter through the Arthoscopy (sic) procedure on April 11, 2000, and a refusal by Claimant for physical therapy on May 19, 2000. It does not appear that Claimant is raising new theories of putative liability, but apparently is addressing allegations related to his continuing medical treatment. He now alleges that rather than torn "ACL tendons" the April 11, 2000 Arthoscopy (sic) found a torn posterior horn left medial meniscus.

Inasmuch as the Defendant has not opposed the motion herein, and inasmuch as the proposed amended claim seems to update Claimant's medical condition, the motion is granted. Claimant may serve and file his Second Amended Claim within 15 days of service of a file-stamped copy of this order. This claim remains scheduled for trial on October 5, 2000, at Auburn Correctional Facility.


August 3, 2000
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims