New York State Court of Claims

New York State Court of Claims

YOUNG v. THE STATE OF NEW YORK, #2004-019-558, Claim Nos. 106546, 106548, Motion No. M-68418


Synopsis


Claimant's "motion to settle" claims is denied.

Case Information

UID:
2004-019-558
Claimant(s):
RUSHAWN YOUNG, #96-A-0446
Claimant short name:
YOUNG
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106546, 106548
Motion number(s):
M-68418
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
RUSHAWN YOUNG, 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:
July 7, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant, a pro se inmate, makes what he describes as a "motion to settle" the above-referenced claims.[1] The State of New York (hereinafter "State") opposes the motion.

As best this court can ascertain from claimant's papers, it appears claimant is requesting the court's assistance in reaching a settlement of these claims with the State.[2] This court has previously advised this litigant in a letter dated December 23, 2003, that the court does not schedule settlement conferences in prisoner pro se cases nor compel the State to participate in settlement negotiations. The State's opposing papers indicate it is taking a no liability posture in this matter and has no reason to engage in settlement discussions. As such, this matter will remain on the court's pro se trial calendar until reached for trial in due course.


In view of the foregoing, it is ORDERED, that claimant's motion to settle, Motion No. M-68418, is DENIED.


July 7, 2004
Binghamton, New York

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


The court has considered the following papers in connection with this motion:

  1. Claim, filed August 23, 2002.
  2. Claim, filed August 23, 2002.
  3. Letter from Court to Claimant, dated December 23, 2003.
  4. "Motion to Settle Claims #(106546) & (106548)", Motion No. M-68418, dated April 27, 2004, and filed April 29, 2004.
  5. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated May 18, 2004, and filed May 20, 2004.

[1]This is one of four similar motions submitted by claimant. The court designated each paper as a separate motion since each paper differed slightly and it was difficult to determine whether they were inaccurate handwritten copies or intended as separate motions. The other three motions all relate to Claim No. 106547. (See Motions Nos. M-68519, M-68520, and M-68521).
[2]Claim No. 106547 is also listed on the face of claimant's Notice of Motion, but not referenced elsewhere in this motion. Claim No. 106547 is the subject of three other similar motions. (See Motions Nos. M-68519, M-68520, and M-68521).