New York State Court of Claims

New York State Court of Claims

SANDLIN v. THE STATE OF NEW YORK, #2004-019-546, Claim No. NONE, Motion No. M-68530


Synopsis


Case Information

UID:
2004-019-546
Claimant(s):
DANYELL SANDLIN
Claimant short name:
SANDLIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-68530
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
DANYELL SANDLIN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
June 8, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has filed a motion seeking permission to file a late claim pursuant to Court of Claims Act 10 (6). This motion was assigned a return date of June 30, 2004 and, as such, the State of New York has not yet responded.

A preliminary review of claimant's papers reveals that they are not in compliance with CPLR 2101 which requires that all papers contain "legible" writing. Claimant's papers include a 14 page, single-spaced, handwritten affidavit that is written in a style that is nearly impossible to read. The proposed claim which is annexed thereto is 6 single-spaced pages and is also written in the same style.


Consequently, the court will adjourn this motion without date in order to allow the claimant to resubmit his papers in a legible format pursuant to CPLR 2101. (CPLR 2101 [f]).


In view of the foregoing, it is ORDERED that Motion No. M-68530 is adjourned without date pending claimant's resubmission of papers in compliance with CPLR 2101.


June 8, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims