New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2002-011-501, Claim No. 101912, Motion No. M-64204


Synopsis


Claimant's motion to reargue a prior order of the court which granted defendant's motion for summary judgment and dismissed the claim is denied.

Case Information

UID:
2002-011-501
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):
101912
Motion number(s):
M-64204
Cross-motion number(s):

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

Signature date:
January 11, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to reargue a prior order of the court which granted defendantsummary judgment and dismissed the claim (Green v State of New York, M-63357, October 2, 2001, 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 in favor of the defendant. Accordingly, the motion is denied.


January 11, 2002
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated October 10, 2001
2. Affidavit in Support of Shawn Green sworn to the 10th day of October, 2001
3. Affirmation in Opposition of Kevan J. Acton, Esq. dated October 15, 2001
4. Affirmation in Opposition of Kevan J. Acton, Esq. dated October 17, 2001