New York State Court of Claims

New York State Court of Claims

BAILEY v. THE STATE OF NEW YORK, #2002-016-092, Claim No. 105220, Motion No. M-65673


Synopsis



Case Information

UID:
2002-016-092
Claimant(s):
KEVIN BAILEY
Claimant short name:
BAILEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105220
Motion number(s):
M-65673
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Kevin Bailey
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: James E. Shoemaker, AAG
Third-party defendant's attorney:

Signature date:
September 23, 2002
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is Kevin Bailey's motion for "reconsider[ation]" of this Court's previous Decision and Order on Motion No. M-65028. In such Decision and Order, that portion of claim no. 105220 which alleged damages for the period prior to July 4, 2001 was dismissed, on the grounds that the claim was untimely served and filed with respect to such period. In his underlying claim, Mr. Bailey alleges that he has been housed in a double bunk cell at Sullivan Correctional Facility in violation of rules and regulations of the New York State Department of Correctional Services. It will be assumed for the purposes of this Decision and Order that claimant is making a motion for reargument pursuant to CPLR 2221. However, he has made no showing that any matters of fact or law were overlooked or misapprehended, as would be required by such section. In fact, claimant states that he "is not disputing the ruling in regards to the timely filing of his claim" See ¶7 of the August 13, 2002 affidavit of Kevin Bailey.

For the foregoing reasons, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-65673 be denied.


September 23, 2002
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's notice of motion with affidavit in support and exhibit A; and defendant's affirmation in opposition.