New York State Court of Claims

New York State Court of Claims

SCOTT v. THE STATE OF NEW YORK, #2003-031-017, Claim No. 106990, Motion No. M-66271


Synopsis


Claimant's motion requesting an extension of time to respond to Defendant's answer is denied as unnecessary.

Case Information

UID:
2003-031-017
Claimant(s):
STEVEN SCOTT
Claimant short name:
SCOTT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106990
Motion number(s):
M-66271
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
STEVEN SCOTT, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: THOMAS G. RAMSAY, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 9, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 5, were read on motion by Claimant for an extension of time to file a reply to Defendant's answer:
1. Claimant's Notice of Motion, filed January 13, 2003;
  1. Affidavit of Steven Scott, sworn to January 8, 2003, with attached exhibits;
  2. Affirmation in Opposition of Thomas G. Ramsay, Esq., dated to January 10, 2003;
4. Correspondence from Claimant, received January 30, 2003;
5. Filed Documents: Claim and Answer. Claimant Steven Scott, a pro se inmate, who currently resides at Auburn Correctional Facility, has moved for a thirty (30) day extension of time to serve a reply to Defendant's Answer.

Defendant has opposed Claimant's motion, correctly pointing out that Defendant did not assert a counterclaim in its answer. For this reason, a reply is not only unnecessary, but is in fact inappropriate (see CPLR § 3011). Therefore, it is hereby,

ORDERED, that Claimant's motion for an extension of time to file a reply to Defendant's answer is denied as unnecessary.

April 9, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims