New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2004-019-581, Claim No. 86979, Motion No. M-69022


Synopsis


Claimant's motion for recusal is granted.

Case Information

UID:
2004-019-581
Claimant(s):
RICKY BROWN, JAMEL CHAMPEN, SHERYL CHAMPEN, HOPETON GORDON, JEAN CANTAVE and RAISHAWN MORRIS, on behalf of themselves and all other persons similarly situated
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
86979
Motion number(s):
M-69022
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
WHITEMAN, OSTERMAN & HANNA, LLPBY: Joseph D. Stinson, Esq., of counsel
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Belinda A. Wagner, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
October 5, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimants' motion seeks recusal of the undersigned Judge of this court. The State of New York (hereinafter "State") takes no position on this motion.

The court has reviewed claimants' motion papers. This court does not believe that its objectivity has been affected in any way, however, due to claimants' level of discomfort and in order to avoid even the appearance of impropriety, I will recuse in this matter without further comment.


Accordingly, claimants' motion for the recusal of the undersigned, Motion No. M-69022, is GRANTED and this file is being returned to the Clerk of the Court for such reassignment as the Presiding Judge may deem appropriate.


October 5, 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. Notice of Motion No. M-69022, dated August 31, 2004, and filed August 31, 2004.
  2. Affidavit of Joseph D. Stinson, Esq., in support of motion, sworn to August 31, 2004, with attached exhibits.
  3. Claimants' Memorandum of Law in support of motion, dated August 31, 2004.
  4. Affirmation of Belinda A. Wagner, AAG, in response to motion, dated September 1, 2004, and filed September 3, 2004.