New York State Court of Claims

New York State Court of Claims

GREEN v.THE STATE OF NEW YORK, #2000-019-534, Claim No. 96453, Motion No. M-62201


Synopsis


Claimant's motion to set aside Decision & Order denied.


Case Information

UID:
2000-019-534
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96453
Motion number(s):
M-62201
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
SHAWN GREEN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Kathleen M. Resnick, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
September 19, 2000
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a pro se inmate, brings this post-trial motion to set aside a prior Decision and Order dismissing his claim. The State of New York (hereinafter "State") opposes the motion.


The Court has considered the following papers in connection with this motion:

  1. Decision, Lebous, J., filed August 4, 2000.
  2. Notice of Motion No. M-62201, dated August 15, 2000 and filed August 17, 2000.
  3. Affidavit of Shawn Green, in support of motion, sworn to August 15, 2000.
  4. Affirmation of Kathleen M. Resnick, AAG, in opposition to motion, dated August 28, 2000, and filed August 30, 2000.
  5. Reply Affidavit of Shawn Green, sworn to August 31, 2000, and filed September 5, 2000.
The trial of this Claim was heard on July 12, 2000 at Sullivan Correctional Facility. After due deliberation of the evidence adduced at trial, this Court issued a Decision dismissing the claim. (Green v State of New York, Ct Cl., August 4, 2000, Lebous, J., Claim No. 96453). Claimant now seeks relief from that Decision by use of CPLR 4404 (b) which permits a court in a non-jury case such as this to:

[s]et aside its decision or any judgment entered thereon. It may make new findings of fact or conclusions of law, with or without taking additional testimony, render a new decision and direct entry of judgment, or it may order a new trial of a cause of action or separable issue.



However, Claimant's post-trial affidavit merely rehashes the same factual allegations and legal arguments previously rejected by this Court. For instance, Claimant asserts, among other things, that the disputed search of inmates was discretionary and that the officers' reaction to the incident was unreasonable. Such conclusory and repetitive statements are insufficient to convince this Court that it should issue new findings of fact or alter its prior conclusion of law that "[t]he use of force in this case by the Correction Officers involved was reasonable and necessary under the circumstances with which they were confronted. (Jones v State of New York, 33 NY2d 275; Brown v State of New York, 24 Misc 2d 358)." (Green v State of New York, Ct Cl., August 4, 2000, Lebous, J., Claim No. 96453, p 3).


Accordingly, for the reasons stated above, it is ORDERED that Claimant's motion, Motion No. M-62201, to set aside this Court's prior Decision is DENIED.


September 19, 2000
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims