New York State Court of Claims

New York State Court of Claims

ANGARITA v. THE STATE OF NEW YORK , #2003-030-549, Claim No. 107133, Motion No. M-66646


Synopsis


Pro se inmate's motion for an order "extending time to file reply with exhibits" denied.

Case Information

UID:
2003-030-549
Claimant(s):
NELSON ANGARITA Caption has been amended to reflect the only proper defendant.
Claimant short name:
ANGARITA
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
Caption has been amended to reflect the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107133
Motion number(s):
M-66646
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
NELSON ANGARITA. PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: MARY KAVANEY, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
July 3, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 4, were read and considered on Claimant's motion


"for an order for extension of time to file reply with exhibits":

1,2 Notice of Motion, Affidavit of Service

3,4 Filed Papers: Claim, Answer

After carefully considering the papers submitted and the applicable law the motion is disposed of as follows:

Nelson Angarita, the Claimant herein, alleges in Claim Number 107133 that defendant's agents wrongfully lost or destroyed his personal property while he was an inmate at Green Haven Correctional Facility. Having now received Defendant's Answer, Claimant wishes an "extension of time to file reply with exhibits."

Pleadings in the Court of Claims are limited to a Claim and an Answer, unless the Answer contains counterclaims, in which case a Reply may be served and filed by the Claimant. See, 22 NYCRR §206.7(a). No counterclaim has been interposed in the Answer - only defenses - therefore no Reply is appropriate or necessary.

If what the Claimant is asking for is an opportunity to amend his pleading, then in the Court of Claims a pleading may be amended as of right within forty (40) days after it is served, in accordance with the provisions of § 3025(b) Civil Practice Law and Rules, [See, 22 NYCRR § 206.7 (b)]; or by leave of Court if the request is made after the time period has expired.

In this case, the Claimant simply appears to be reacting to the Answer served upon him, containing general denials and two affirmative defenses. The moving papers indicate only that Claimant wants to "clarify and produce information in [the] form of relevant facility records, documentation, etc....": all matters that he may bring up at trial to prove his case.

Accordingly, Claimant's motion to either file a "reply with exhibits" or to amend his Claim is in all respects denied.


July 3, 2003
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims