New York State Court of Claims

New York State Court of Claims

MALIK v. THE STATE OF NEW YORK, #2000-015-073, Claim No. NONE, Motion No. M-61902


Synopsis


Motion to reargue prior motion must be denied absent showing Court misapplied existing law or misapprehended facts.

Case Information

UID:
2000-015-073
Claimant(s):
ABDEL-JABBOR MALIK
Claimant short name:
MALIK
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-61902
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Abdel-Jabbor Malik, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
August 23, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision



The application of movant for an order pursuant to CPLR 2221 permitting reargument of his prior motion for permission to serve and file a late claim which was denied in a decision and order of this Court filed on June 8, 2000 is denied. Movant has failed to demonstrate that the Court misapprehended or overlooked any matter of fact or law in resolving the prior motion and thus is not entitled to relief pursuant to CPLR 2221.


August 23, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated June 18, 2000;
  2. The unsworn statement of Abdul Jabbor Malik date June 18, 2000, with exhibits;
  3. Affirmation in opposition of Saul Aronson dated June 26, 2000.