New York State Court of Claims

New York State Court of Claims

AHMAD v. THE STATE OF NEW YORK, #2001-016-214, Claim No. 104616, Motion No. M-63901


Synopsis


Pro se inmate's motion to set trial date denied.

Case Information

UID:
2001-016-214
Claimant(s):
SULAYMAN AHMAD
Claimant short name:
AHMAD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104616
Motion number(s):
M-63901
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Sulayman Ahmad
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: James E. Shoemaker, AAG
Third-party defendant's attorney:

Signature date:
December 14, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Sulayman Ahmad alleges that defendant was negligent in connection with an assault on him by another inmate at Woodbourne Correctional Facility and also with regard to the medical treatment he received thereafter. This is claimant's motion for an order setting a trial date.[1] Aside from the fact that the relief sought herein is not properly the subject of motion practice, as defendant points out, discovery has not yet commenced on this claim, which was filed on July 23, 2001. Accordingly, it is not appropriate to schedule a trial at this time; a date will be scheduled in due course.

For the foregoing reasons, having reviewed the parties' submissions,[2] IT IS ORDERED that motion no. M-63901 be denied.


December 14, 2001
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]There is a dispute between the parties as to whether claimant seeks an "immediate" trial date. Although claimant sought a September 3, 2001 date in his moving papers, he takes issue with defendant's characterization of this as a request for an "immediate" trial date, and in his reply papers, requests that a trial be scheduled at a date convenient to the Court. In any event, for the purposes of this motion, it will be assumed that claimant is requesting that a trial date be scheduled at this time.
  2. [2]Along with the pleadings, the following were reviewed: claimant's notice of motion with affidavit in support; defendant's affirmation in opposition; claimant's "Traverse," and claimant's "Supplemental Traverse."