New York State Court of Claims

New York State Court of Claims

THOMAS v. THE STATE OF NEW YORK, #2006-032-003, Claim No. 103614; 104288, Motion No. M-71130


Synopsis



Case Information

UID:
2006-032-003
Claimant(s):
BERNARD THOMAS
Claimant short name:
THOMAS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103614; 104288
Motion number(s):
M-71130
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Bernard Thomas, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Michael C. Rizzo, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
January 12, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves this Court to adjourn trial on two claims scheduled for January 23, 2006, and to change the venue of these claims from Clinton Correctional Facility to Ossising Correctional Facility. The Court denies both requests for relief.

A change of venue is governed by CPLR 510 and requires that a party demonstrate: that the county designated is not a proper county; or an impartial trial cannot be had in the proper county; or the convenience of material witnesses and the ends of justice will be promoted by the change. Claimant has not demonstrated that any of these requirements have been satisfied. Next, given that claimant's trial has already been adjourned once at claimant's request, and he does not provide a valid excuse for another adjournment, this request is likewise denied.

Based on the foregoing, claimant's motion M-71130 is denied.



January 12, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion filed January 6, 2006;

2. Affidavit of Michael C. Rizzo filed January 12, 2006.