New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-003, Claim No. 102304, Motion No. M-62729


Synopsis


Claimant's motion to amend his Claim is granted.

Case Information

UID:
2001-010-003
Claimant(s):
DARRYL PHELPS
Claimant short name:
PHELPS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102304
Motion number(s):
M-62729
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DARRYL PHELPSPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 4, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-3 were read and considered by the Court on claimant's motion to amend his Claim:
Claimant's Supporting Unverified Affirmation/Affidavit.......................................1

Claimant's Amended and Supplemental Pleadings..................................................2

Defendant's Letter Dated December 15, 2000 Taking no Position on the Motion...3

Claimant seeks to amend his Claim by adding that which is set forth in his amended and supplemental pleadings and paragraph 3 of his affirmation/affidavit. Defendant does not oppose the motion.

Accordingly, claimant's motion is GRANTED and claimant shall be permitted to serve and file his Amended Claim within 60 days of receipt of a filed copy of this Decision and Order. Claimant shall serve by certified mail, return receipt requested, the Amended Claim, after which defendant shall have the time prescribed by law to interpose its Amended Answer.


January 4, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims