New York State Court of Claims

New York State Court of Claims

WHATLEY v. THE STATE OF NEW YORK, #2003-031-093, Claim No. 102208, Motion No. M-66884


Synopsis


Claimant's assailant had reached his maximum expiration date and was not released to parole supervision. Claimant's cause of action alleging inadequate parole supervision is, therefore, without merit. Defendant's motion for summary judgment granted.

Case Information

UID:
2003-031-093
Claimant(s):
SHANTAI WHATLEY
Claimant short name:
WHATLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102208
Motion number(s):
M-66884
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
ROBERT H. PERK, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: GREGORY P. MILLER, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 24, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 3, were read on motion by Defendant for summary judgment and dismissal of the claim:
1) Defendant's Notice of Motion, filed May 30, 2003;
  1. Affidavit of Gregory P. Miller, Esq., sworn to May 29, 2003, with attached exhibits;
3) Affirmation of Richard de Simone, Esq., dated May 5, 2003.
Upon the foregoing papers, Defendant's motion is granted . This is Defendant's motion for summary judgment. In her underlying claim filed on March 31, 2000, Claimant Shantai Whatley alleges that she was assaulted by Jerry Pitts between the dates of January 3, and January 5, 2000. Claimant alleges that Mr. Pitts was on parole supervision at the time and that the State failed to properly monitor Mr. Pitts, and also failed to revoke his parole after an earlier assault he allegedly perpetrated on another female.

Defendant, in this motion, has submitted the affirmation of Richard de Simone Esq., who is employed by the Department of Correctional Services ("DOCS") as Associate Counsel in charge of the DOCS Office of Sentencing Review. As the affirmation of Mr. de Simone demonstrates, Mr. Pitts was not, in fact, under parole supervision at the time Claimant was assaulted. Mr. Pitts had served his entire sentence and was released on May 11, 1998. He was not placed under parole supervision at that time, as his prison term had been completed in its entirety. For this reason, the claim filed in this matter is without merit.

Claimant has not opposed this motion.

Based upon the foregoing it is:

ORDERED, that Defendant's motion for summary judgment is granted. The Clerk is directed to close the file.

November 24, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims