New York State Court of Claims

New York State Court of Claims

BOLDEN v. THE STATE OF NEW YORK , #2005-030-537, Claim No. 105642, Motion No. M-70049


Synopsis



Case Information

UID:
2005-030-537
Claimant(s):
SHAWNON BOLDEN
Claimant short name:
BOLDEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105642
Motion number(s):
M-70049
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
SHAWNON BOLDEN, PRO SE
Defendant’s attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERAL
BY: JEANE L. STRICKLAND SMITH, ASSISTANT ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
June 23, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 6 were read and considered on Claimant’s motion for a default judgment:
1,2 Notice of Motion, Affidavit in Support of Motion for Default Judgment for the Failure to Comply with terms of Stipulation of Settlement by Shawnon Bolden, Claimant, and attached exhibit

  1. Affirmation in Opposition by Jeane L. Strickland Smith, Assistant Attorney General and attached exhibits
4-6 Filed Papers: Claim, Answer, Stipulation of Settlement and Discontinuance

After carefully considering the papers submitted and the applicable law the motion is disposed of as follows:

Claim Number 105642, alleging destruction of Claimant’s personal property during a cell search while he was incarcerated at Green Haven Correctional Facility, was resolved by Stipulation of Settlement and Discontinuance filed on December 16, 2004. As of April 21, 2005 - the date of Claimant’s Affidavit - the Claimant had not received payment of the $40.00 the agreement provided he would be paid. Claimant now moves for a default judgment pursuant to Civil Practice Law and Rules §3215(i), alleging the Defendant’s failure to comply with the Stipulation of Settlement or, in the alternative, asks that the matter be reopened and a trial be held on the original Claim.

The Assistant Attorney General opposes the motion, indicating that after inquiry with the Office of the State Comptroller, it appears that the claim for payment was being processed, requiring only the submission of a voucher to be completed by Claimant. [See Exhibit 3, Affirmation in Opposition]. This correspondence, as well as the correspondence from Shawnon Bolden to the Comptroller dated May 10, 2005, apparently enclosing the required documentation, all post-dates the submission of the present motion. [Exhibit 4, Affirmation in Opposition]. Accordingly, the payment to Mr. Bolden is in process, and, therefore, this motion has been rendered moot.

There being no basis for the motion for a default judgment or to reopen, Motion Number M-70049 is in all respects denied.

June 23, 2005
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims