New York State Court of Claims

New York State Court of Claims

BARCLAY v. THE STATE OF NEW YORK, #2001-011-602, Claim No. 104445, Motion No. M-63903


Synopsis


Claimant's application for leave to withdraw the claim or in the alternative for leave to amend to add a new cause of action is denied. Claim is dismissed without prejudice.

Case Information

UID:
2001-011-602
Claimant(s):
H. PATRICK BARCLAY, 97 A 5659 The court sua sponte amends the caption to reflect the only properly named defendant
Claimant short name:
BARCLAY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The court sua sponte amends the caption to reflect the only properly named defendant
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104445
Motion number(s):
M-63903
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
H. Patrick Barclay, 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:
November 14, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved for leave to withdraw the claim or in the alternative for leave to amendthe claim to add a new cause of action.

The application for leave to amend the claim to add a new cause of action is the equivalent of a motion pursuant to Court of Claims Act §10(6) for permission to late file a claim. Claimant, however, has not addressed any of the factors the court is required to consider when entertaining an application for permission to late file. Therefore, that relief is not available on this motion. Defendant, however, has indicated it does not object to withdrawal of the claim without prejudice. Accordingly, that portion of the motion is granted and the claim is dismissed without prejudice.

November 14, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated July 26, 2001
  2. Affidavit in Support of H. Patrick Barclay sworn to the 2nd day of August, 2001
  3. Affidavit in Response of Michael C. Rizzo, Esq. sworn to the 12th day of September, 2001