New York State Court of Claims

New York State Court of Claims

TAFARI v. THE STATE OF NEW YORK, #2003-031-014, Claim No. 106755, Motion No. M-66074


Synopsis


Claim filed does not comply with CPLR § 3014 requirement that a pleading "consist of plain and concise statements in consecutively numbered paragraphs." Defendant's motion requesting Claimant be directed to file an amended claim is granted.

Case Information

UID:
2003-031-014
Claimant(s):
INJAH TAFARI
Claimant short name:
TAFARI
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106755
Motion number(s):
M-66074
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
INJAH TAFARI, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: PAUL VOLCY, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 3, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 through 4 were read on motion by Defendant to compel Claimant to file an amended claim:
  1. Notice of Motion, filed November 19, 2002;
2) Affirmation (denominated affidavit) of Paul Volcy, Esq., dated November 18, 2002;
3) Amended Notice of Motion, filed December 2, 2002;
4) Affirmation (denominated affidavit) of Paul Volcy, Esq., dated November 26, 2002, with attached exhibit.
Upon the foregoing papers, Defendant's motion is granted. This is Defendant's motion pursuant to CPLR § 3024, relating to the claim filed in this matter. Defendant requests a more definite statement, alleging that the claim fails to comply with CPLR § 3014 which requires that all pleadings "consist of plain and concise statements in consecutively numbered paragraphs," and that " [e]ach paragraph shall contain, as far as practicable, a single allegation."

The claim in this matter, filed on October 7, 2002, consists of a one page, pre-printed form. This form is commonly used by pro se inmates to commence actions in the Court of Claims. However, in the paragraph numbered 2, within the space provided in the form for setting forth the acts or omissions of which Claimant complains, Mr. Tafari simply wrote "see attach [sic] 5 page's [sic] and (15 exhibits)." The pages that follow go on to allege that Claimant was the victim of a "bogus misbehavior report" and sexual harassment by several correction officers. Claimant does set forth events from which one can discern the basic nature of his claim. However, the paragraphs of the claim are not numbered and are very long, often containing numerous allegations which admittedly make a clear and concise answer difficult to draft.

Claimant has not opposed Defendant's motion.

Accordingly, for the reasons stated above, it is hereby:

ORDERED, that Defendant's motion to compel a more definite statement from Claimant is granted. Claimant is directed to serve and file an amended claim, complying with CPLR § 3014 within sixty (60) days of the filed date of this order.

April 3, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims