New York State Court of Claims

New York State Court of Claims

ROBERTS v. STATE OF NEW YORK, #2002-005-554, Claim No. 103593, Motion No. M-66039


Synopsis


Claimant's motion for permission to amend his claim is denied.

Case Information

UID:
2002-005-554
Claimant(s):
JAMES ROBERTS
Claimant short name:
ROBERTS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103593
Motion number(s):
M-66039
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
James Roberts,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 29, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On December 11, 2002, the following papers, numbered 1 to 3, were read on motion by Claimant for permission to amend his claim:
  1. Notice of Motion
  2. Opposing Affirmation and Exhibits Annexed
  3. Filed Papers: Claim
Upon the foregoing papers, this motion is denied.

Claimant seeks to amend his claim to add the Superintendent, a Deputy Superintendent and a Correction Officer as additional defendants, and other relief. This motion is denied on several grounds: first, no proposed amended claim is attached; second, it would appear that similar relief was sought and denied in the Decision and Order in Motion No. M-65825, dated October 31, 2002, and finally, the State of New York is the only proper defendant in this court. Last, I have no authority to direct the placement of any inmate.

The motion is denied.


January 29, 2003
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims