New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2001-011-612, Claim No. 103134-A, Motion No. M-64126


Synopsis


Claimant's motion to reargue a prior motion of the court which denied a motion to strike affirmative defenses (Green v State of New York, M-63208, McNamara, J.) is denied.

Case Information

UID:
2001-011-612
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):
103134-A
Motion number(s):
M-64126
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Shawn Green, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 26, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to reargue a prior motion of the court which denied a motion to strikeaffirmative defenses (Green v State of New York, M-63208, McNamara, J.).

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 is denied.


November 26, 2001
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated August 20, 2001
2. Affidavit in Support sworn to the 20th day of August, 2001
3. Affirmation in Opposition of Eileen E. Bryant, Esq. dated October 10, 2001
4. Reply Affidavit of Shawn Green sworn to the 17th day of October, 2001