New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2001-011-511, Claim No. 101171, Motion No. M-62628


Synopsis


Defendant's motion to dismiss the amended claim on the basis that it was not timely served is granted.

Case Information

UID:
2001-011-511
Claimant(s):
SHAWN GREEN, 97 A 0801
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):
101171
Motion number(s):
M-62628
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Shawn Green, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kevan J. Acton, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
January 25, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by Defendant to dismiss the amended claim on the basis that it was not served.

A party to an action in the Court of Claims may amend a pleading once, as of right, within forty days after service of a pleading responding to it (Uniform Rules for the Court of Claims §206.7). The claim in this action was filed on September 30, 1999 and on October 27, 1999 the answer was filed. On September 26, 2000, more than forty days after the answer was served, an amended claim was filed. Because the amended claim was not presented within the time permitted by statute, leave of the court, or stipulation of all the parties, was required before the pleading could be amended or supplemented. Inasmuch as neither of those conditions was satisfied prior to service of the new pleading, Claimant had no right to serve an amended claim. Accordingly, the motion is granted and the amended claim is stricken.


January 25, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Motion to Strike/Dismiss dated October 25, 2000
  2. Affirmation in Support of Kevan J. Acton, Esq., dated October 25, 2000
  3. Affidavit in Opposition of claimant sworn to the 30th day of October, 2000