New York State Court of Claims

New York State Court of Claims

ADAMS v. THE STATE OF NEW YORK, #2004-031-137, Claim No. 109295, Motion No. M-68610


Synopsis


Claimant's motion to amend his claim is denied

Case Information

UID:
2004-031-137
Claimant(s):
JAMES ADAMS
Claimant short name:
ADAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109295
Motion number(s):
M-68610
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
JAMES ADAMS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: HEATHER R. RUBINSTEIN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 25, 2004
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers, numbered 1 to 3, were read on motion by Claimant for permission to amend his claim:
1. Claimant's unsworn statement, dated May 31, 2004;
2. Affirmation of Heather R. Rubinstein, Esq., dated August 19, 2004;
3. Filed documents: Claim. Claimant brings this motion, apparently seeking permission to amend his claim. In his original claim, filed on May 3, 2004, Mr. Adams alleges that he was illegally confined after an August 20, 2003 disciplinary hearing in which correction officers allegedly forged the signature of Claimant's requested witness on a form, indicating that the witness had refused to testify. In the original claim, Mr. Adams requests damages in the amount of $16,400.00 for the illegal confinement and an additional $16,400.00, apparently in the form of punitive damages.

With this motion, Claimant fails to specifically identify how or why he seeks to amend his claim. As Defendant correctly points out, Claimant also failed to include a proposed amended claim with his motion papers. It appears from Claimant's statement dated May 31, 2004, that he simply wants to reduce the amount of damages requested to $4,100.00 for the illegal confinement and $4,100.00 for punitive damages. To the extent that this is the case, Claimant's motion is unnecessary as, after a trial of this matter, the Court is always free to award an amount less than that requested in a claim. To the extent that Claimant desires an amendment for other purposes not apparent in his motion papers, I find that Claimant has failed to demonstrate his right to the relief requested.

For the reasons set forth above, it is hereby,

ORDERED, that Claimant's motion for permission to amend his claim is denied.

October 25, 2004
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims