New York State Court of Claims

New York State Court of Claims

WESLEY v. THE STATE OF NEW YORK, #2005-015-506, Claim No. 102272-A


Synopsis


Claimant failed to meet burden of proof at trial on issue of State's negligence.

Case Information

UID:
2005-015-506
Claimant(s):
GEORGE WESLEY
Claimant short name:
WESLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102272-A
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
George Wesley, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
February 2, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
By decision and order of Hon. Alton R. Waldon, Jr., dated April 1, 2003 claimant was granted leave to have a previously served notice of intention treated as a claim pursuant to Court of Claims Act § 10 (8). Judge Waldon denied the application as it related to an alleged assault and battery by named correction officers on the ground that the application was made beyond the one-year statute of limitations applicable to intentional torts.

Trial of the claim was held at Great Meadow Correctional Facility on November 8, 2004.

Claimant's testimony failed to establish by a preponderance of the evidence any act or omission on the part of the defendant's employees which would support a claim of negligence. The Court issued a bench decision dismissing the claim for the claimant's failure to meet his burden of proof.

The Clerk is directed to enter judgment in accord with this decision.


February 2, 2005
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims