New York State Court of Claims

New York State Court of Claims

GAINES v. THE STATE OF NEW YORK, #2006-032-053, Claim No. 110266, Motion No. M-71094


Synopsis



Case Information

UID:
2006-032-053
Claimant(s):
GERALD GAINES
Claimant short name:
GAINES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110266
Motion number(s):
M-71094
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Gerald Gaines, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Paul F. Cagino, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
June 23, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate presently incarcerated at Great Meadow Correctional Facility, moves this Court for a "temporary restraining order" and to "ensure that [he] receive[s] necessary medical care". Defendant appears only to the extent to notify the Court that it was not served with the claim or the motion.

Claim 110266 was filed in December 2004 and alleges that on May 11, 2004, correction officers failed to protect him from an assault by another inmate and that correction officers assaulted him. Claimant also alleges that he did not receive proper medical care for his injuries. In support of his motion, claimant submits an unsigned "affidavit" regarding a claim alleging an assault on a different date, September 28, 2004, and by different correction officers.

Initially, claimant's submissions are defective in that he fails to provide a notice of motion and supporting affidavit (see CPLR 2214). Moreover, given that claimant's motion papers reference facts different than those raised in claim 110266, and he provides no affidavit of service indicating that he served defendant with the motion or the claim, claimant's motion is denied.



June 23, 2006
Albany, New York

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


Papers Considered:


1. Unsigned Letter filed December 16, 2005 with attachments;

2. Affidavit of Ellen Lyons sworn to February 16, 2006; Exhibit A annexed.