New York State Court of Claims

New York State Court of Claims

PALMER v. THE STATE OF NEW YORK, #2005-016-012, Claim No. 110193, Motion No. M-69512


Synopsis


Motion to strike affirmative defenses was denied.

Case Information

UID:
2005-016-012
Claimant(s):
MICHAEL PALMER
Claimant short name:
PALMER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110193
Motion number(s):

Cross-motion number(s):
M-69512
Judge:
Alan C. Marin
Claimant's attorney:
Michael Palmer, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Barry Kaufman, Esq., AAG
Third-party defendant's attorney:

Signature date:
February 25, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant Michael Palmer's motion to dismiss the State's affirmative defenses. In his underlying claim, Mr. Palmer alleges that he was wrongfully confined in the Special Housing Unit at Woodbourne Correctional Facility. Defendant has asserted two affirmative defenses as follows, that: (1) claimant was not, as he alleges, found not guilty of the subject disciplinary charges, but rather that "the matter was reversed and expunged due to a procedural error . . ."; and (2) "defendant acted with a good faith basis, in acting on [the] hearing officer's decision. It was through a procedural error that [claimant] received an expungement. Matters of prison [discipline] are quasi-judicial and immune from suit . . ."

Such affirmative defenses are not dispositive of Palmer's claim. Like the allegations in the claim itself, they are merely assertions made by a party. No prejudice has been identified by claimant which would warrant striking such affirmative defenses. See, e.g., 5 Weinstein-Korn-Miller, NY Civ Prac ¶3018.14 at 30-410.

Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-69512 be denied.


February 25, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's notice of motion with affidavit in support; defendant's affirmation in opposition with exhibits 1 through 4; and claimant's "Noted Objection (Reply) in Response to Affirmation."