New York State Court of Claims

New York State Court of Claims

VALLEJO a/k/a LOPEZ v. THE STATE OF NEW YORK, #2003-031-089, Claim No. 100015, Motion No. M-66741


Synopsis


Case Information

UID:
2003-031-089
Claimant(s):
ANTHONY VALLEJO a/k/a PLACIDO LOPEZ Caption amended, sua sponte, to reflect Claimant's alias of Placido Lopez.
Claimant short name:
VALLEJO a/k/a LOPEZ
Footnote (claimant name) :
Caption amended, sua sponte, to reflect Claimant's alias of Placido Lopez.
Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100015
Motion number(s):
M-66741
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
ANTHONY VALLEJO a/k/a PLACIDO LOPEZ, 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:
November 13, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 6, were read on motion by Claimant for permission to amend his claim:
1. Claimant's Notice of Motion, filed April 21, 2003;
2. Claimant's Affidavit, sworn to April 14, 2003, with attached exhibit;
3. Affirmation of Thomas G. Ramsay, Esq., dated May 1, 2003, with attached exhibits;
4. Correspondence from Claimant, received May 28, 2003;
5. Decision and Order of the Honorable Donald J. Corbett, Jr., filed March 3, 2003;
6. Filed documents: Claim and Answer. Claimant brings this motion seeking permission to amend his claim. Claimant filed his original claim on March 19, 1999. In that document, Claimant alleges that he was assaulted by another inmate on January 15, 1999. He also alleges that Defendant was aware of the animosity between Claimant and his assailant because he had been assaulted by the same inmate on November 12, 1998. In fact, Claimant had filed a separate claim (claim number 99574) relating to the November 12, 1998 incident. After both of these claims were dismissed for failure to comply with 22 NYCRR 206.15, Judge Corbett granted Claimant's motion to restore this claim to the calendar by his Decision and Order filed on March 3, 2003. In that same Decision and Order, Judge Corbett denied Claimant's request to restore claim number 99574 to the calendar, as he determined that Claimant had failed to demonstrate the existence of merit relating to that claim.

With this current motion, Claimant seeks to amend the caption of the claim to reflect the fact that he is, or at least was, known by an alias, to wit: Placido Lopez. Claimant has also requested permission to amend the body of the claim, although he does not specify in his moving papers how or why the claim is to be amended.

Defendant does not oppose Claimant's request to amend the caption in this matter, but objects to any other amendment of the claim.

I find that Claimant has failed to demonstrate his right to the relief requested. Claimant failed to address what in his claim he seeks to amend and he has not offered any reasons or justification for the proposed amendments. The Court and Defendant are left to compare the original claim with the proposed amended claim and guess at what has been changed and why.

While this in itself is cause to deny Claimant's motion, I note that in his proposed amended claim, Claimant attempts to allege as a separate, compensable, cause of action the November 12, 1998 incident which was the basis of claim no. 99574. As stated above, in his March 3, 2003 Decision and Order, Judge Corbett determined that this cause of action lacked merit. For this reason, I find that Claimant's proposed amendments to the body of his claim are not appropriate.

Therefore, for the reasons set forth above, it is hereby,

ORDERED, that the caption of this matter is hereby amended, sua sponte, to reflect Claimant's alias of Placido Lopez. Claimant's motion is denied in all other respects.

November 13, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims