New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2002-011-513, Claim No. 104740, Motion No. M-64451


Synopsis


Claimant's motion for a default judgment based upon defendant's failure to answer within the forty day period is denied.

Case Information

UID:
2002-011-513
Claimant(s):
SHAWN GREEN
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):
104740
Motion number(s):
M-64451
Cross-motion number(s):

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

Signature date:
February 19, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved for a default judgment based upon defendant's failure to answer withinthe forty day period provided in the Uniform Rules for the Court of Claims.

Court of Claims Act section 12 provides that no judgment shall be granted on any claim against the State except on such legal evidence as would establish liability against an individual or corporation in a court of law or equity. The provision prohibits judgment by default even though the State has been deprived of the right to defend the claim (see Spickerman v State of New York, 85 AD2d 60, Casey, J., dissenting opinion). In this action based on allegations that a false misbehavior report was issued against claimant, he has failed to provide sufficient legal evidence of liability (see, Arteaga v State of New York, 72 NY2d 212, the actions of correction employees are quasi-judicial in nature and are cloaked with absolute immunity so long as the actions are not taken beyond their authority or in violation of the governing rules and regulations). Accordingly, the motion is denied.


February 19, 2002
Saratoga Springs, New York

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



Papers Submitted:

1. Affidavit of Facts sworn to the 10th day of December, 2001 with attachments
2. Affirmation in Opposition of Kathleen M. Resnick, Esq. dated December 17, 2001 with exhibits annexed
3. Unsworn Reply of Shawn Green filed on January 8, 2002 with exhibit annexed
4. Sur-Reply of Kathleen M. Resnick, Esq. dated January 8, 2002 with exhibits annexed
5. Sworn Sub-Reply of Shawn Green sworn to the 15th day of January, 2002 with exhibits annexed