New York State Court of Claims

New York State Court of Claims

MALLOY v. , #2005-033-160, Claim No. 108930, Motion No. M-70677


Synopsis



Case Information

UID:
2005-033-160
Claimant(s):
ANTHONY MALLOY
1 1.THE STATE OF NEW YORK
Claimant short name:
MALLOY
Footnote (claimant name) :
THE STATE OF NEW YORK
Defendant(s):

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108930
Motion number(s):
M-70677
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Anthony Malloy, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney General
Third-party defendant’s attorney:

Signature date:
December 21, 2005
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a motion by Anthony Malloy (hereinafter “claimant”) to compel a response by defendant to a claim filed on February 19, 2004[2].

Claimant was an inmate at Ulster Correctional Facility in Napanoch, New York. On July 25, 2003, claimant served a Notice of Intention upon the Attorney General’s Office. Thereafter, claimant served and filed a claim on February 19, 2004. The claim alleges that on or about July 15, 2003, defendant’s employer engaged in a course of conduct which accused claimant of lying, and thereafter, transferring claimant to Downstate Correctional Facility. The accusations and transfer caused claimant to suffer mental anguish.


Claimant moves this Court for an order to compel defendant to answer the claim. This application is denied as moot. The Court notes defendant timely answered the claim on March 30, 2004.


December 21, 2005
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[2].The following papers have been read and considered on claimant’s motion: Notice of Motion dated September 1, 2005 and filed September 9, 2005; Affidavit in Support of Notice of Motion of Anthony Malloy sworn to September 1, 2005 and filed September 9, 2005.