New York State Court of Claims

New York State Court of Claims

AMON-RA v. New York, #2000-015-003, Claim No. 100275, Motion No. M-60971


A motion to reargue must be made within 30 days after service of the challenged order with notice of entry. A motion to renew must contain a justification for the failure to submit the new evidence upon the prior motion.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant's attorney:
Prince Ptah Amon-Ra, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Joel L. Marmelstein, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
February 29, 2000
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


The motion of the claimant for an order pursuant to CPLR Rule 2221 permitting reargument or renewal of a prior motion which resulted in the decision and order of this Court filed on October 19, 1999 dismissing the claim for lack of jurisdiction is denied.

This is a claim by an inmate appearing pro se to recover the sum of $75,000.00 for personal injuries and $86.00 for property damage with respect to an incident which allegedly occurred at the Marcy Correctional Facility on March 8, 1999, when an unknown assailant threw hot water and baby oil upon claimant while he was sleeping, and April 18 and 19 of 1999 when items of personal property were allegedly lost by correction officers in the Special Housing Unit. Both the notice of intention to file the claim and the claim were served upon the Attorney General by ordinary mail. As a consequence, the defendant's motion to dismiss the claim for lack of jurisdiction was granted in the decision and order filed on October 19, 1999. Claimant did not oppose that motion. He now seeks reargument or renewal.

With respect to the portion of the motion seeking reargument, CPLR Rule 2221 (d) (3) provides that a motion to reargue shall be made within thirty days after service of a copy of the order determining the prior motion with written notice of its entry. A copy of the prior decision and order with notice of entry was served upon the claimant on October 27, 1999. The motion to reargue was not served upon the Attorney General until December 17, 1999 and is clearly untimely pursuant to CPLR Rule 2221 (d) (3).

As to that portion of the motion seeking renewal, CPLR Rule 2221 (e) (3) provides that a motion for leave to renew "shall contain reasonable justification for the failure to present such facts on the prior motion". The new evidence presented by claimant is that he was not able to serve the notice of intention and claim by certified mail, return receipt requested, because he was transferred from Marcy Correctional Facility to Riverview Correctional Facility on May 7, 1999 and his inmate account at Marcy was closed on April 30, 1999. Consequently, claimant contends that there was insufficient postage available to pay for a certified mailing. Claimant defaulted in opposing the original motion and has failed to put forth a reasonable justification for that default on his failure to present the facts that he now relies upon in support of renewal. Pursuant to CPLR 2221 (e) (3) the renewal motion must be denied.

February 29, 2000
Saratoga Springs, New York

Judge of the Court of Claims

The Court considered the following papers:

  1. Notice of motion filed on December 21, 1999;
  2. Affidavit of Prince Ptah Amon-Ra sworn to August 13, 1999, with exhibits;
  3. Affirmation in opposition of Joel L. Marmelstein dated January 13, 2000, with exhibits;
  4. "Final Argument" of claimant filed on February 7, 2000;
  5. Unsworn affidavit of Prince Ptah Amon-Ra filed on February 7, 2000.