New York State Court of Claims

New York State Court of Claims

MALLOY v. THE STATE OF NEW YORK, #2006-032-034, Claim No. 110613, Motion Nos. M-70689, M-70827, M-70754, M-71096, M-71098


Synopsis



Case Information

UID:
2006-032-034
Claimant(s):
ANTHONY MALLOY
Claimant short name:
MALLOY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110613
Motion number(s):
M-70689, M-70827, M-70754, M-71096, M-71098
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Anthony Malloy, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney General
By: Glenn C. King, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
April 21, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant is an inmate incarcerated at Coxsackie Correctional Facility and submits five separate motions to the Court. Although the notices of motion do not state the relief which claimant seeks, affidavits in three of his motions seek permission to administer a polygraph test to certain individuals who allegedly witnessed the assault underlying his claim (M-71096, M-70827 and M-70689). Claimant's remaining motions request that his claim be settled (M-71098) and seeks to reargue prior motion M-70069 (M-70754).

With respect to claimant's polygraph requests, this Court has no authority to order such test and, therefore, claimant's requests contained in M-71096, M-70827 and M-70689 are denied. Next, the Court does not participate in settlement negotiations between parties and has no authority to order that a claim be settled. As such, claimant's motion M-71098 is denied. Finally, the Court addresses M-70754, seeking to reargue M-70069, which sought to "answer[] defendant's verified answer". By Decision and Order filed September 8, 2005, the Court erroneously attributed claimant's motion M-70069 to claim 110612 and, in light of the dismissal of claim 110612, deemed claimant's motion moot. Inasmuch as motion M-70069 related to claim 110613, the motion was not moot but, in any event, must be denied as there is no mechanism to answer a verified answer, absent circumstances not presented here. Accordingly, claimant's motion M-70754 is denied.

Accordingly, all motions are denied.



April 21, 2006
Albany, New York

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


Papers Considered:


1. Notice of Motion filed September 12, 2005;

2. Affidavit of Anthony Malloy sworn to September 1, 2005; unnumbered papers annexed with attachment;

3. Notice of Motion filed October 3, 2005;

4. "Affidavit" of Anthony Malloy dated September 16, 2005; unnumbered papers annexed;

5. Notice of Motion filed October 19, 2005;

6. Affidavit of Anthony Malloy sworn to October 13, 2005;

7. Notice of Motion filed December 27, 2005;

8. Affidavit of Anthony Malloy sworn to December 22, 2005;

9. Notice of Motion filed January 3, 2006;

10. Affidavit of Anthony Malloy sworn to December 28, 2005;

11. Affirmation of Glenn C. King filed January 20, 2006;

12. Affirmation of Glenn C. King filed January 20, 2006;

13. Affirmation of Glenn C. King filed October 11, 2005.