New York State Court of Claims

New York State Court of Claims

RAMOS v. THE STATE OF NEW YORK, #2005-019-581, Claim No. 109707, Motion No. M-70844


Synopsis


Claimant's motion to file second amended claim is granted.

Case Information

UID:
2005-019-581
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-70844
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:
November 17, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for the second time to amend his claim. The State of New York ("State") opposes the motion. Claimant previously moved for permission to amend his claim which application was granted in part and denied in part. (Ramos v State of New York, Ct Cl, July 26, 2005, Lebous, J., Claim No. 109707, Motion No. M-69978 [UID No. 2005-019-548]).[1] More specifically, claimant was granted permission to amend his claim in order to expand the factual allegations in relation to his first cause of action sounding in bailment and his second cause of action alleging assault by correction officers. Thereafter, claimant requested permission from chambers for an extension of time to comply with the sixty-day deadline. The State had no objection to claimant's request. Accordingly, the court issued a Supplemental Decision & Order revising the deadline for claimant to file his amended claim with the Clerk of the Court and serve a copy of said amended claim upon the office of the Attorney General to October 26, 2005. (Ramos v State of New York, Ct Cl, October 11, 2005, Lebous, J., Claim No. 109707, Motion No. M-69978). Claimant did not file his amended claim by October 26, 2005, but rather moved for permission to amend his claim yet again with a "Second Amended Claim for Damages." (Cl's Ex 1).


The State's objections are based upon changes made by claimant to his "second amended claim for damages" as compared to the earlier version approved by the court. More specifically, the State notes that with respect to the first cause of action sounding in bailment, claimant has decreased the number of allegedly lost books (from 46 to 41) while increasing the purported value (from $1,144.25 to $1,240.75); and with respect to the second cause of action sounding in assault has increased the ad damnum amount from $500,000 to $600,000. The court views claimant's revisions to the ad damnum amounts as related to the expanded factual allegations previously permitted by this court and, as such, will grant claimant's motion to file the "Second Amended Claim for Damages."


Based upon claimant's alleged difficulties in preparing his proposed amended claims for actual filing and service the court will deem claimant's "Second Amended Claim for Damages" attached as Exhibit 1 to his moving papers as the amended claim in this matter. Accordingly, the Clerk of the Court is directed to copy the "Second Amended Claim for Damages" appended to claimant's moving papers and assign it the claim number herein as if it had been filed on October 21, 2005, the date on which claimant filed his motion papers. The State should file and serve its amended answer to the "Second Amended Claim for Damages" within forty (40) days from the filing of this Decision & Order.


Accordingly, in view of the foregoing, it is ORDERED that claimant's motion for permission to file a second amended claim, Motion No. M-70844, is GRANTED.


November 17, 2005
Binghamton, New York

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


The court has considered the following papers in connection with this motion:
  1. Claim, filed August 9, 2004.
  2. DECISION AND ORDER, Lebous, J., Claim No. 109707, Motion No. M-69978, filed July 26, 2005.
  3. SUPPLEMENTAL DECISION AND ORDER, Lebous, J., Claim No. 109707, Motion No. M-69978, filed October 11, 2005.
  4. Notice of Motion No. M-70844, dated October 14, 2005, and filed October 21, 2005.
  5. Affidavit of Francisco Ramos, in support of motion, sworn to October 17, 2005.
  6. "Second Amended Claim for Damages", verified October 17, 2005.
  7. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated November 8, 2005, and filed October 14, 2005.

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