New York State Court of Claims

New York State Court of Claims

RAMOS v. THE STATE OF NEW YORK, #2005-019-573, Claim No. 109707, Motion No. M-69978


Synopsis


Claimant's granted additional 30 days to comply with prior Decision & Order regarding service and filing of amended claim.

Case Information

UID:
2005-019-573
Claimant(s):
FRANCISCO RAMOS
Claimant short name:
RAMOS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109707
Motion number(s):
M-69978
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
FRANCISCO RAMOS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
October 3, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, previously moved for permission to amend his claim which application was granted in part and denied in part. More specifically, this court directed that "[c]laimant shall file an amended claim with the Clerk of the Court and shall serve a copy of said amended claim upon the office of the Attorney General by regular mail within sixty (60) days of the filing of this Decision and Order with the Clerk of the Court." (Ramos v State of New York, Ct Cl, July 6, 2005, Lebous, J., Claim No. 109707, Motion No. M-69978 [UID No. 2005-019-548], p 5).[1] Said Decision and Order was filed with the Clerk of the Court on July 26, 2005, so claimant had until September 26, 2005 to comply with the terms thereof. Prior to the expiration of said time period, claimant submitted a letter to chambers, with a copy to the Attorney General's office, requesting an extension of two or three weeks to comply with said Decision and Order. The attorney general has notified the court that it has no objection to claimant's request. The court will grant claimant's request and allow an additional thirty (30) days for compliance.

In view of the foregoing, it is


ORDERED that this court's prior Decision and Order is amended as follows: "[c]laimant shall file an amended claim with the Clerk of the Court and shall serve a copy of said amended claim upon the office of the Attorney General by regular mail within ninety (90) days of the filing of this Decision and Order with the Clerk of the Court." As such, since the Decision & Order was filed on July 26, 2005, claimant now has until October 24, 2005 to comply with the terms thereof.


October 3, 2005
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims


The court has considered the following papers:
  1. DECISION AND ORDER, Lebous, J., Claim No. 109707, Motion No. M-69978, filed July 26, 2005.
  2. Letter from Francisco Ramos to Court, dated September 19, 2005, and received September 28, 2005.


[1]Selected unreported decisions from the Court of Claims are available via the Internet at