New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-040, Claim No. 102304, Motion Nos. M-63438, CM-63504


Synopsis


Claimant's motion for a hearing and defendant's cross-motion to dismiss are denied.

Case Information

UID:
2001-010-040
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-63438
Cross-motion number(s):
CM-63504
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:
June 21, 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 for a hearing and defendant's cross-motion to dismiss:
Notice of Motion, Claimant's Supporting Affidavit and Exhibits...........................1

Notice of Cross-Motion, Attorney's Affirmation in Opposition..............................2

Claimant's Opposition to Cross-Motion..................................................................3

Claimant, an inmate proceeding pro se, seeks an "evidence hearing for pleadings submitted in the Court of Claims, State of New York" (Claimant's Notice of Motion). Defendant opposes the application on the ground that claimant never served defendant with any motion papers. Accordingly, claimant's motion is DENIED.

Defendant's cross-motion to dismiss the claim fails to articulate, with sufficient specificity, any basis for granting defendant's cross-motion. Accordingly, defendant's cross-motion is DENIED.


June 21, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims