New York State Court of Claims

New York State Court of Claims

ATKINS v. THE STATE OF NEW YORK, #2000-010-070, Claim No. 99102, Motion No. M-62364


Synopsis


Claimant's unopposed motion to amend the ad damnum of his claim is granted.

Case Information

UID:
2000-010-070
Claimant(s):
RONALD ATKINS
Claimant short name:
ATKINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99102
Motion number(s):
M-62364
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
RONALD ATKINSPro 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:
October 18, 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 amend the ad damnum clause of his claim:
Notice of Motion, Claimant's Supporting Affidavit, Claimant's Affidavit of Merit, Memorandum of Law and Exhibits...........................................................................1

Defendant's Letter Dated September 12, 2000 Taking No Position on the Motion..2

Claimant seeks to amend the ad damnum clause of his claim from $1,800 to $18,000. Leave to amend shall be freely granted and defendant has neither opposed the motion nor shown any prejudice to defendant resulting from the granting of such application (CPLR 3025[b]).

Accordingly, claimant's motion is hereby GRANTED and the claim shall be deemed amended to reflect $18,000 in the ad damnum clause.


October 18, 2000
White Plains , New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims