New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2001-011-549, Claim Nos. 101170, 101171 and 101912, Motion No. M-63110


Synopsis


Claimant's motion to reargue and for leave to amend claims is denied.

Case Information

UID:
2001-011-549
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):
101170, 101171 and 101912
Motion number(s):
M-63110
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:
May 10, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to reargue a prior decision of the court (Green v State of New York,M-62627, McNamara, J.) and for leave to amend the claims.

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 deciding the prior motion. Accordingly, the motion to reargue is denied.

Leave to amend a pleading should be freely given in the absence of prejudice or surprise resulting directly from the delay (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755). Claimant, however, has not stated the nature of the amendments to the claims much less provided proposed amended claims. Accordingly, the motion for leave to amend claims is also denied.

May 10, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Motion to Amend and Reargue dated February 14, 2001
  2. Affirmation in Opposition of Kevan J. Acton dated February 28, 2001