New York State Court of Claims

New York State Court of Claims

Chaneyfield v. THE STATE OF NEW YORK, #2000-010-010, Claim No. 101447, Motion No. M-61206


Synopsis


Claimant's motion to strike affirmative defense

Case Information

UID:
2000-010-010
Claimant(s):
MICHAEL CHANEYFIELD
Claimant short name:
Chaneyfield
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101447
Motion number(s):
M-61206
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
MICHAEL CHANEYFIELDPro se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse J. Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 23, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion to strike defendant's second affirmative defense:
Notice of Motion, Claimant's Unsworn Affirmation, Claimant's Supporting Affidavit....................................................................................................................1

Affirmation in Opposition and Exhibits...................................................................2

Filed Papers: Claim and Exhibits, Answer and Exhibit

Claim No. 101447 alleges that, on June 8, 1998, during a search of claimant's cell at Sing Sing Correctional Facility, $275.00 was wrongly confiscated by defendant and should be restored to claimant's inmate account. Defendant's answer asserted an affirmative defense that claimant had disclaimed the money in accordance with Department of Correctional Services Directive #4910. The disclaimer was annexed to the answer (Answer, Ex. 1). Claimant brings the instant motion to strike the affirmative defense on the ground that it is based on a falsified record. In opposition to the motion, defendant submits a certified copy of the disclaimer (Defendant's Ex. A).

Upon the papers submitted, there is no basis for granting claimant's motion to strike the affirmative defense (CPLR 3018[b]; 3211[b]). Rather, the affirmative defense has the appearance of merit and resolution of the issue must await trial.

Motion DENIED.


March 23, 2000
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims