New York State Court of Claims

New York State Court of Claims

LEE v. THE STATE OF NEW YORK, #2006-028-601, Claim No. NONE, Motion No. M-70558


Synopsis


Movant, who must obtain Court permission in order to commence an action in this Court, failed to make additional submissions that either adequately addressed his failure to pay monetary sanctions previously imposed by the Court or to establish that his proposed claim has merit.


Case Information

UID:
2006-028-601
Claimant(s):
DOUGLAS LEE
Claimant short name:
LEE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-70558
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
DOUGLAS LEE, pro se
Defendant’s attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Joseph F. Romani, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
November 15, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following supplemental papers were read on this motion for permission to commence an action in this Court:

  1. Maintenance Work Requests submitted by Movant
  1. Supplemental Affidavit of Douglas Lee, pro se
  1. Reply Affirmation of Joseph F. Romani, AAG
  1. Medical authorization submitted by Douglas Lee, pro se
  1. Report of Consultation and annexed book, Traumatic Head Injury, submitted by Douglas Lee, pro se

In a previous decision and order issued in Motion No. M-70558, which is a motion for permission to commence an action in this Court, Movant was directed to make further submissions that would provide the Court with an explanation of his failure to pay $400.00 in Court-ordered sanctions that had been imposed prior to 1991 and with a more detailed showing that his proposed claim has merit. In the several submissions made by Movant in response to that decision and order, he stressed that he has very little income. He failed entirely, however, to adequately explain his failure for over fifteen years to make any attempt to pay the outstanding sanctions. In addition, the submissions designed to establish the merit of his proposed claim were inadequate.[1]

Because of the excessive number of claims that this litigant previously commenced, and the frivolous nature of many of those claims, he has been restrained from commencing an action without the express permission of the Presiding Judge (or his designee), based on a showing that the proposed claim is based on allegations “leading to a conclusion” that the State was at fault (Lee v State of New York, Claim No. 92855, March 19, 1996, Mega, P.J.; see also Lee v State of New York, Claim No. 79553, Motion No. M-41426, December 7, 1990, Corbett, P.J.). In addition, Movant has been advised on several occasions that the outstanding monetary sanctions imposed by judges of this Court must be paid, or a satisfactory explanation as to why they have not been paid must be given, before further litigation is possible (see e.g. Lee v State of New York, Claim No. 76712 et al., March 15, 1991, Hanifin, J.).

Inasmuch as Movant has failed to provide such explanation and failed to establish that his proposed claim is meritorious, the motion is DENIED.


November 15, 2006
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims



[1]. These submissions consisted of 1) copies of two maintenance work requests, dated December 15 and December 20, 2003, asking for repairs to the ceiling of Movant’s cell; 2) an inmate injury report, dated December 22, 2003, containing Movant’s report that he was hit on the head by a piece of falling ceiling but stating that all medical findings were within normal limits, that he was not admitted to the infirmary, and that the only medication he was given was Tylenol; and 3) the report of a neuro-ophthalmologist who examined Movant three years later. This 2006 report indicates that Movant has a significant visual problem, but the only connection between that problem and the 2003 accident came from the history provided by Movant himself.