New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2001-011-572, Claim No. 103729, Motion No. M-63719


Synopsis


Claimant's motion to amend is denied.

Case Information

UID:
2001-011-572
Claimant(s):
JOE JACKSON, 95 A 0426
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103729
Motion number(s):
M-63719
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Joe Jackson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael C. Rizzo, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 8, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion to amend the claim. In accordance with CPLR 3025(b), leave to amend should be freely given in the absence of surprise or prejudice resulting from the delay (Esposito v Billings, 103 AD2d 956, 957).

The motion to amend was made for the purpose of specifying the date when and the place where the claim accrued. As this information is already contained in the claim, the proposed amendment is unnecessary. Accordingly, the motion is denied.


August 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated June 27, 2001
  2. Affidavit in Support of Joe Jackson, sworn to the 28th day of June, 2001 with addendum attached
  3. Letter response form Michael C. Rizzo, Esq. dated July 18, 2001