New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2002-019-550, Claim No. 105402, Motion No. M-65129


Synopsis


Court amends prior Decision and Order extending Claimant's time to file and serve amended claim.

Case Information

UID:
2002-019-550
Claimant(s):
JOHNATHAN JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105402
Motion number(s):
M-65129
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
JOHNATHAN JOHNSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Joseph F. Romani, Assistant Attorney General,of counsel
Third-party defendant's attorney:

Signature date:
July 22, 2002
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, previously moved to amend this Claim pursuant to CPLR 3025. This Court granted Claimant's motion to amend his Claim and directed that "Claimant shall, within 30 days of the date of filing of this Decision and Order, both file a Verified Amended Claim with the Clerk of the Court and shall serve a copy of said Amended Claim upon the office of the Attorney General personally or by certified mail, return receipt requested. The defendant shall have 40 days thereafter to file and serve an amended answer. (22 NYCRR 206.7 [b])." (Johnson v State of New York, Ct Cl, June 19, 2002, Lebous, J., Claim No. 105402, Motion No. M-65129, p 5).

Prior to the expiration of said time period, Claimant submitted a letter to the Office of the Clerk dated July 8, 2002 requesting an extension of time to comply with said Order, as well as assistance in obtaining an advance from the Department of Correctional Services to pay for service of said Amended Claim by certified mail, return receipt requested.


In view of the foregoing, it is


ORDERED, that this Court's prior Decision & Order is amended as follows: "Claimant shall, on or before September 2, 2002, file a Verified Amended Claim with the Clerk of the Court and shall serve a copy of said Amended Claim upon the office of the Attorney General by regular mail."


July 22, 2002
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims