New York State Court of Claims

New York State Court of Claims

STANDIFER v. THE STATE OF NEW YORK, #2001-011-521, Claim No. 99318, Motion No. M-62822


Synopsis


Claimant's motion to reargue a decision of the court in which the claim was dismissed based upon a failure to prove the claim by a fair preponderance of the evidence is denied.

Case Information

UID:
2001-011-521
Claimant(s):
LEONARD STANDIFER, 83 C 0936
Claimant short name:
STANDIFER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99318
Motion number(s):
M-62822
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Leonard Standifer, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Frederick H. McGown, III, Esq, Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
February 20, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to reargue a decision of the court following trial in which the claim wasdismissed based upon a failure to prove the claim by a fair preponderance of the evidence.

Motions for reargument are addressed to the sound discretion of the court and may be granted upon a showing that the court overlooked or misapprehended the facts or law or for some reason mistakenly arrived at its earlier decision (Rodney v New York Pyrotechnic Products Co. Inc., 112 AD2d 410). Claimant has not pointed to any error by the court in dismissing the claim based essentially upon a determination of the credibility of the witnesses presented. Accordingly, the motion is denied.

February 20, 2001
Saratoga Springs, New York

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



Papers submitted:

1. Notice of Motion verified on the 29th day of November, 2000
2. Affirmation in Opposition of Frederick H. McGown, III, Esq., dated December 14, 2000.