New York State Court of Claims

New York State Court of Claims

COMBO v. THE STATE OF NEW YORK, #2004-031-179, Claim No. 109760, Motion No. M-69208


Synopsis


Defendant's motion to compel service of a more detailed claim is denied as moot

Case Information

UID:
2004-031-179
Claimant(s):
CALVIN COMBO
Claimant short name:
COMBO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109760
Motion number(s):
M-69208
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
CALVIN COMBO, 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:
December 13, 2004
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers were read on motion by Defendant for an order compelling Claimant to provide a more definite statement of his claim pursuant to CPLR §3024:
1. Notice of Motion, filed October 4, 2004;
  1. Affirmation of Heather R. Rubinstein, Esq., dated September 29, 2004 with attached exhibit;
  2. Claimant's unsworn statement, dated November 8, 2004, with attached exhibit;
4. Filed Documents: Claim filed August 23, 2004; Claim filed October 25, 2004.This is Defendant's motion to compel a more definite statement of the claim in this matter. In its motion papers, Defendant correctly points out that the original claim fails to comply with CPLR § 3014, which requires that it "consist of plain and concise statements in consecutively numbered paragraphs." The claim, filed on August 23, 2004 consists of five handwritten pages and has few paragraph breaks and is not numbered. In response to Defendant's motion, however, Claimant filed a second claim, which the Court hereby deems as an amended claim, which addresses Defendant's concerns.

Accordingly, it is hereby

ORDERED, that Defendant's motion is denied as moot. The Clerk of the Court is directed to treat the claim filed on October 25, 2004 as an amended claim. Defendant shall have forty (40) days from the filed date of this decision and order to submit an answer to Claimant's amended claim.

December 13, 2004
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims