New York State Court of Claims

New York State Court of Claims

COLE v. THE STATE OF NEW YORK, #2000-005-542, Claim No. 97686, Motion No. M-62134


Synopsis


Claimant's motion to amend his claim is granted.

Case Information

UID:
2000-005-542
Claimant(s):
RONNIE COLE
Claimant short name:
COLE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97686
Motion number(s):
M-62134
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Ronnie ColePro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 30, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On August 25, 2000, the following papers, numbered 1 to 5, were read on motion by Claimant to amend his claim:

1, 2 Notice of Motion and Affidavit Annexed

3 Letter from Defendant Dated August 11, 2000

4, 5 Filed Papers: Claim, Answer

Upon the foregoing papers, this motion is granted.

Claimant seeks to amend his claim which was filed on January 21, 1998, alleging the Defendant's negligence in failing to keep Claimant free from assault and harm. He seeks to amend the claim by adding language that essentially alleges that the Defendant acted with deliberate and/or callous indifference in failing to move Claimant from general population to protective custody status in a timely manner. He wishes to add deliberate and/or callous indifference to the original allegations of negligence.

This matter was adjourned at the Defendant's request and apparently it raises no objection to the requested amendment, despite the fact that the trial herein was and remains scheduled for October 4, 2000. Accordingly, the motion is granted and Claimant may serve and file his amended claim within ten days of service of a file-stamped copy of this order. The Defendant shall have ten days after service of such amended claim to serve and file its answer. The trial of this claim, as amended, will take place on October 4, 2000, at Auburn Correctional Facility.

The Clerk is directed to serve this order upon the parties.


August 30, 2000
Rochester, New York

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