New York State Court of Claims

New York State Court of Claims

BENJAMIN v. THE STATE OF NEW YORK , #2006-030-525, Claim No. 107380, Motion No. M-71294


Synopsis



Case Information

UID:
2006-030-525
Claimant(s):
DAVID BENJAMIN
Claimant short name:
BENJAMIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107380
Motion number(s):
M-71294
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
DAVID BENJAMIN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: DEWEY LEE, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
March 28, 2006
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:

1, 2 Motion in Support of my Claim and Motion for permission to file Late Notice of Intention filed February 14, 2006 with attached Affirmation of Services sworn to February 10, 2006 by David Benjamin (assigned M-71294 by office of the Chief Clerk)

  1. Affirmation Regarding Motion M-71294 for Claim No. 107380 which is Calendered for March 15, 2006 and on April 7, 2006 I have a trial for it (sic) by David Benjamin, filed February 27, 2006
  1. Affirmation by Dewey Lee, Assistant Attorney General
5,6 Filed papers: Claim, Answer

In Claim Number 107380 Mr. Benjamin alleges that he was assaulted in his cell at Green Haven Correctional Facility and caused serious injury due to the Defendant's failure to protect him, and/or because of a conspiracy to cause him injury between certain correction officers and other inmates. He alleges that on December 21 and 22, 2002 correction officers allowed an inmate from another cell block to enter the gate and enter Claimant's cell, stabbing him with a sharp, hard plastic object. In its Answer, in addition to a general denial the Defendant asserts that Claimant was guilty of culpable conduct.

The present motion appears to refer to previous motion practice wherein this Court had denied an application for permission to serve and file a late claim regarding the same underlying facts asserted herein [M-68367], as well as a subsequent motion for "reconsideration" that was treated as a reargument motion and denied [M–68790]. In the one page "motion in support" filed herein, Claimant appears to be rearguing the same things. Or not.

As noted by the Assistant Attorney General in his Affirmation, it is difficult to discern exactly what relief the Claimant seeks. Accordingly, the motion is in all respects denied.

Trial of this claim is scheduled for April 21, 2006. No adjournments will be granted.

March 28, 2006
White Plains, New York

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