Claimant, a prisoner appearing pro se, moves for an order directing the
scheduling of a preliminary conference for the purpose of resolving various
issues in this case including discovery disputes, the assignment of counsel, and
to discuss settlement of this action. The State of New York (hereinafter
"State") opposes the motion.
Claimant's motion for a preliminary conference is denied. Preliminary
conferences are not mandated in prisoner pro se claims and the court declines to
direct a conference in this matter. (22 NYCRR 206.10 [a]).
It is difficult to ascertain whether claimant is seeking relief in addition to
the scheduling of a preliminary conference, but to the extent he once again
raises discovery and the assignment of counsel issues, those matters were
previously determined and denied in prior Decisions and Orders of this court.
(Kelley v State of New York
, Ct Cl, November 22, 2004, Lebous, J., Claim
No. 104438, Motion Nos. M-69215 & M-69288 [discovery and assignment of
counsel] [UID No. 2004-019-596]; Kelley v State of New York
, Ct Cl,
February 3, 2005, Lebous, J., Claim No. 104438, Motion No. M-69563 [discovery]
[UID No. 2005-019-508]; Kelley v State of New York
, Ct Cl, July 11, 2002,
Lebous, J., Claim No. 104438, Motion No. M-65300 [poor person] [UID No.
To the extent that claimant's
motion could be deemed as a motion for reargument, claimant offers nothing
indicating the court overlooked or misapprehended the relevant facts or
misapplied any controlling principle of law originally presented in any of those
prior motions that warrants reargument of said prior Decisions and Orders.
(CPLR 2221 [d]). Additionally, claimant is free to contact defendant on his own
to initiate settlement negotiations, but the court will not participate in such
Finally, to the extent that claimant makes references to the need for a jury
trial, such request is denied. There is no right to a jury trial in the Court
of Claims. (Court of Claims Act § 12 ; Graham v Stillman, 100
Accordingly, in view of the foregoing, it is ORDERED that claimant's motion,
No. M-70132, is DENIED.
DECISION AND ORDER, Lebous, J., Claim No. 104438, Motion Nos. M-65133; M-65290;
M-65300 & CM-65245, filed September 11, 2002.
DECISION AND ORDER, Lebous, J., Claim No. 104438, Motion Nos. M-69215 &
M-69288, filed December 1, 2004.
DECISION AND ORDER, Lebous, J., Claim No. 104438, Motion No. M-69563, filed
February 9, 2005.
Notice of Motion No. M-70132, dated April 28, 2005 and filed May 4, 2005.
Affidavit of Andre Kelley, in support of motion, sworn to April 26, 2005, with
Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated June 6,
2005, and filed June 8, 2005.