New York State Court of Claims

New York State Court of Claims

PILGRIM v. THE STATE OF NEW YORK, #2001-005-512, Claim No. 103678, Motion No. M-63102


Synopsis


Defendant's motion for dismissal of the claim is granted.

Case Information

UID:
2001-005-512
Claimant(s):
PRINCE PILGRIM
Claimant short name:
PILGRIM
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103678
Motion number(s):
M-63102
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Prince Pilgrim,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 26, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On March 28, 2001, the following papers, numbered 1 to 5, were read on motion by Defendant for dismissal of the claim:

1, 2 Notice of Motion, Affirmation and Exhibit Annexed
  1. Letter from Claimant dated March 20, 2001
  2. Defendant's Supplemental Affirmation and Exhibits Annexed
  3. Filed Papers: Claim
Upon the foregoing papers, this motion is granted.

The claim herein sounds in "wrongful confinement," relating to an alleged denial, inter alia, of religious observation during Ramadan.

The Defendant moved to dismiss for the alleged failure to state a cause of action upon which relief could be granted in this court, suggesting that Claimant seek possible recourse under CPLR article 78 or federal civil rights statutes.

By letter to the Court, Claimant submits that his claim was filed in the wrong jurisdiction and he seeks to withdraw. Given Claimant's acquiescence in the dismissal of this claim, since it is a filed claim, I grant the motion and order that the claim be dismissed.


April 26, 2001
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims