New York State Court of Claims

New York State Court of Claims

ELLISON v. THE STATE OF NEW YORK, #2002-011-552, Claim No. 105508, Motion No. M-64946


Synopsis


Claimant's request for leave to amend the claim is denied.

Case Information

UID:
2002-011-552
Claimant(s):
CHRISTOPHER ELLISON, 95 A 5626
Claimant short name:
ELLISON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105508
Motion number(s):
M-64946
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Christopher Ellison, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 17, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved for leave to amend the claim.

Leave to amend a pleading should be freely given in the absence of prejudice or surprise resulting directly from the delay (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755).

Instead of submitting a proposed amended claim, Claimant has requested that amendment of the claim be accomplished by simply attaching his affidavit to the claim. However, the allegations in the affidavit do not add to the essential facts already alleged in the claim. Accordingly, the motion is denied.


June 17, 2002
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion to Amend dated March 14, 2002
2. Affidavit in Support sworn to the 14th day of March, 2002
3. Affirmation in Opposition of Saul Aronson, Esq. dated March 25, 2002