New York State Court of Claims

New York State Court of Claims

GREEN v. STATE OF NEW YORK, #2002-011-502, Claim No. 101170, Motion No. M-64146


Synopsis


Claimant's application pursuant to CPLR 8601 to recover expenses in this action in which he was the prevailing party is denied.

Case Information

UID:
2002-011-502
Claimant(s):
SHAWN GREEN, 97 A 0801
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101170
Motion number(s):
M-64146
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 pursuant to CPLR 8601 to recover expenses in this action in which hewas the prevailing party.

CPLR 8601 provides that "a court shall award to a prevailing party, other than the state, fees and other expenses incurred by such party in any civil action brought against the state, unless the court finds that the position of the state was substantially justified or that special circumstances make an award unjust." However, as defined in CPLR 8602(a) an "action" does not include an action brought in the Court of Claims. 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 September 26, 2001
  2. Affidavit in Support sworn to the 26th day of September, 2001
  3. Affirmation in Opposition of Kevan J. Acton, Esq. dated October 22, 2001
  4. Reply Affidavit of Shawn Green sworn to the 20th day of November, 2001