New York State Court of Claims

New York State Court of Claims

MALLOY v. THE STATE OF NEW YORK, #2006-033-190, Claim No. 108930, Motion Nos. M-71099, M-71100


Synopsis



Case Information

UID:
2006-033-190
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):
108930
Motion number(s):
M-71099, M-71100
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Anthony Malloy, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Glenn C. King, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 14, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Anthony Malloy has filed two motions in regard to claim 108930. The claim alleges that employees of defendant transferred claimant against his will to Downstate Correctional Facility in Fishkill, New York. Claimant further alleges that he was abused and humiliated during the transfer and defendant was trying to medicate him against his will. This occurred on July 15, 2003.


Claimant’s first motion (M-71099) asks this Court to order defendant’s witnesses to submit to a polygraph test to aid his case[1].

Claimant offers no basis for this Court to order a polygraph test. Such test is rarely admitted into evidence and is not an appropriate discovery device. Claimant’s request for this Court to order a polygraph test is denied.

Claimant’s second motion (M-71100) seeks to have this Court order a settlement in this claim[2].

There has been no trial of this matter, nor have the parties entered into a settlement agreement. This Court is without authority to force a settlement upon the parties. Claimant will have an opportunity to proceed to trial.

Claimant’s motion for a polygraph, as well as his motion to have this Court order a settlement are denied.


June 14, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Notice of Motion dated December 21, 2005 and filed December 27, 2005; Affidavit in Support of Notice of Motion of Anthony Aosocopallo Malloy sworn to December 22, 2005 and filed December 27, 2005; Affirmation in Response to Claimant’s Motion of Glenn C. King, Esq. dated January 18, 2006 and filed January 20, 2006.
[2].The following papers have been read and considered on claimant’s motion: Notice of Motion dated December 27, 2005 and filed January 3, 2006; Affidavit in Support of Notice of Motion of Anthony Malloy sworn to December 28, 2005 and filed January 3, 2006; Affirmation in Response to Claimant’s Motion of Glenn C. King, Esq. dated January 18, 2006 and filed January 20, 2006; Notice of Motion of Anthony Malloy dated February 13, 2006 and filed February 22, 2006 (considered by Court as a reply to defendant’s Affirmation in Response to Claimant’s Motion); Affidavit in Support of Notice of Motion of Anthony Malloy sworn to February 16, 2006 and filed February 22, 2006;