New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2001-011-540, Claim No. 102319, Motion No. M-62923


Synopsis


Claimant's motion for summary judgment is denied.

Case Information

UID:
2001-011-540
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):
102319
Motion number(s):
M-62923
Cross-motion number(s):

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

Signature date:
May 1, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by claimant for summary judgment. The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact (Winegrad v New York Univ. Med. Center, 64 NY2d 851, 853).

As best as can be ascertained from the allegations in the claim the action arises from disciplinary sanctions imposed on claimant based upon a misbehavior report issued to him for failing to obey a direct order. In his affidavit in support of the motion claimant alleges that the disciplinary determination was administratively reversed. He also alleges, without explanation, that he was not restored to "level three" status until after the reversal. Neither the claim nor the affidavit in support of the motion allege any explicit wrongdoing on the part of defendant. Consequently, claimant has failed to make a prima facie showing of a right to summary judgment and accordingly, the motion is denied.

May 1, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated January 3, 2001
  2. Affidavit in Support sworn to the 3rd day of January, 2001
  3. Memorandum of Law of Shawn Green sworn to the 3rd day of January, 2001
  4. Affirmation in Opposition of Saul Aronson, Esq. dated January 19, 2001
  5. Reply Affidavit of Shawn Green sworn to the 24th day of January, 2001