New York State Court of Claims

New York State Court of Claims

MALLOY v. THE STATE OF NEW YORK, #2003-010-045, Claim No. 105838


Synopsis


Case Information

UID:
2003-010-045
Claimant(s):
ANTHONY MALLOY
Claimant short name:
MALLOY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105838
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ANTHONY MALLOYPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 3, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for purported wrongs committed during his incarceration at Sing Sing Correctional Facility (Sing Sing).
Claim No. 105838 alleges that
defendant is liable to claimant for 25 million dollars because a Dr. William Phillips of Sing Sing has failed to sign an affidavit "for his signature to reopen my case 95 Civ. 3535 (B.S.J.) ***" in the United States District Court for the Southern District of New York (Claim, ¶ 2). According to claimant, Nurse Patricia Conklin is the defendant in 95 Civ. 3535 and claimant wants Phillips to sign an affidavit attesting to Conklin's employment at Sing Sing. Claimant testified at trial that Claim No. 105838 does not concern the medical treatment that he received;[1] rather, he only seeks relief for Phillips' refusal to sign the affidavit.
This Court lacks jurisdiction to determine issues involving matters relating to a closed proceeding in the United States District Court. Any recourse
claimant may have to reopen a case must necessarily be brought in the Court in which the case was initiated. There is no basis for this Court to order the signing of an affidavit for the purpose of reopening a case previously closed in a Federal Court. Nor does this Court find any basis upon which claimant may be awarded money damages for Phillips' alleged refusal to sign the affidavit. Accordingly, this claim warrants dismissal.
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 105838.


March 3, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims





[1] Claimant explained at trial that the alleged medical malpractice claims were raised by him in Claim Nos. 100863, 100864 and 100865, for which he also wanted the affidavits. These claims were dismissed on procedural grounds by Decision and Order filed December 12, 2001 of the Hon. Susan Phillips Read.