New York State Court of Claims

New York State Court of Claims

DAVIDSON v. STATE OF NEW YORK, #2004-015-418, Claim No. 108063, Motion Nos. M-68712, M-68713


Synopsis


Claimant's motion to stay trial and change venue denied as moot due to dismissal of claim on prior motion.

Case Information

UID:
2004-015-418
Claimant(s):
CHESTER DAVIDSON
Claimant short name:
DAVIDSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108063
Motion number(s):
M-68712, M-68713
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Chester Davidson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Stephen J. Maher, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
August 11, 2004
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By decision and order dated July 15, 2004 (filed July 26, 2004) the Court dismissed the above referenced claim on the ground that the State is immune from liability with regard to discretionary determinations of the New York State Board of Parole. The instant motions returnable on July 28, 2004 seek a change of venue of that claim from the Albany District to the New York District and a stay of the scheduled trial of the claim due to claimant's incarceration. The aforementioned dismissal of the underlying claim has rendered the instant motions moot and they are hereby denied for that reason.

August 11, 2004
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
Motion No. M-68712:
  1. Notice of motion dated June 29, 2004;
  2. Affidavit of Chester Davidson sworn to June 29, 2004;

Motion No. M-68713:

  1. Notice of motion dated June 29, 2004;
  2. Affidavit of Chester Davidson sworn to June 29, 2004.