New York State Court of Claims

New York State Court of Claims

PERKINS v. THE STATE OF NEW YORK, #2000-010-080, Claim No. 100154, Motion Nos. M-62389, CM-62626


Synopsis


Claimant's motion for summary judgment is denied and defendant's cross-motion for summary judgment is granted.

Case Information

UID:
2000-010-080
Claimant(s):
DEREK PERKINS
Claimant short name:
PERKINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100154
Motion number(s):
M-62389
Cross-motion number(s):
CM-62626
Judge:
Terry Jane Ruderman
Claimant's attorney:
DEREK PERKINSPro se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Michael W. Friedman, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 28, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-8 were read and considered by the Court on claimant's motion for summary judgment and defendant's cross-motion for summary judgment:
Notice of Motion, Claimant's Supporting Affidavit and Exhibits............................1

Notice of Cross-Motion, Attorney's Supporting Affirmation and Exhibit...............2

"Final Summary Judgment Motion by Notice of Motion," Claimant's Supporting Affidavits..................................................................................................................3

Affidavit of Donald Selsky Dated December 1, 2000..............................................4

Reply Affirmation and Exhibit.................................................................................5

Opposition to Reply, Claimant's Supporting Affidavit and Exhibit........................6

Affidavit of David Selsky Dated March 9, 2001 and Exhibit..................................7

Claimant's Opposing Affidavit and Exhibits...........................................................8

Claimant seeks summary judgment on his claim of improper/excessive confinement in Special Housing Unit. Claimant's self-serving affidavits, with exhibits, are insufficient to establish entitlement to summary judgment. However, upon review of all the papers submitted by both parties, the Court finds that there are genuine issues of material fact, including credibility issues, which necessitate a trial. Accordingly, claimant's motion and defendant's cross-motion are DENIED.


March 28, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims