New York State Court of Claims

New York State Court of Claims

BERRYMAN v. THE STATE OF NEW YORK, #2001-028-0503, Claim No. 102356, Motion No. M-62468


Synopsis


Unapposed motion to amend the claim is granted

Case Information

UID:
2001-028-0503
Claimant(s):
ANTHONY BERRYMAN
Claimant short name:
BERRYMAN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK The caption has been amended to reflect the proper defendant.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102356
Motion number(s):
M-62468
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
ANTHONY BERRYMAN, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Michael Rizzo, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 4, 2001
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on claimant's motion for permission to amend his claim.

1. Notice of Motion and Supporting Affidavit of Anthony Berryman, pro se, filed Sept. 28, 2000 ("Berryman affidavit")


2. Responsive Affidavit of Michael Rizzo, AAG, filed Oct. 10, 2000 ("Rizzo affidavit")


3. Filed papers: Claim, filed April 24, 2000; Answer, filed June 14, 2000

The claim in this action alleges that claimant was injured on January 11, 2000 when his ring finger was caught on an angle saw while he was assisting the Greene Correctional Facility instructor of custodial maintenance. Claimant now seeks to amend his claim to include a more complete description of the location of the accident and a statement regarding his own lack of training on the machine. Defendant State of New York raises no objections to the relief sought.

Claimant's motion is granted and he is directed to file his amended claim, in compliance with the requirements of Court of Claims Act §11, within thirty days of his receipt of a file-stamped copy of this Decision and Order.


January 4, 2001
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims