New York State Court of Claims

New York State Court of Claims

SAFRAN v. THE STATE OF NEW YORK, #2006-033-224, Claim No. 112539, Motion Nos. M-72080, M-72256, CM-72377


Synopsis



Case Information

UID:
2006-033-224
Claimant(s):
DAVID J. SAFRAN
Claimant short name:
SAFRAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112539
Motion number(s):
M-72080, M-72256
Cross-motion number(s):
CM-72377
Judge:
James J. Lack
Claimant’s attorney:
David J. Safran, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: John L. Belford, IV, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 29, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for alleged damages by David J. Safran (hereinafter “claimant”). According to the claim, it accrued on April 27, 2006, at Suffolk County Supreme Court. The nature of the claim is unclear to the Court. Claimant indicates he is “illegally being held” and also states the claim accrued by “denial of my 440 motion”.[1]


Claimant moves this Court for an order dismissing defendant’s answer because he asserts that it is wrong[2]. In addition, claimant moves this Court seeking the assignment of counsel who would serve without compensation[3]. Defendant cross-moves to dismiss the claim for a failure to state a cause of action[4].

The Court will direct its attention to the cross-motion first.

Claimant argues that he is being held illegally because defendant is unable to produce a jury waiver from a trial in Suffolk County for indictment number 2240-2001. However, according to supporting papers submitted by claimant (claimant’s Exhibits B and D in his supporting affidavit to his motion number 72256), claimant pled guilty to a charge of Assault 2o partway through his trial. In addition, claimant waived his right to appeal.

As to the denial of a motion by another judge, this Court has no jurisdiction to review such a decision. Claimant’s recourse is to appeal the decision on the motion.

Based upon the foregoing defendant’s cross-motion to dismiss is granted and the Clerk of the Court is directed to close the file. The Court denies claimant’s motion for assignment of counsel (M-72080) and claimant’s motion to dismiss defendant’s answer (M-72256) as moot.


December 29, 2006
Hauppauge, New York

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




[1].The Court presumes claimant is referring to a motion pursuant to CPL §440.
[2].The following papers have been read and considered on claimant’s motion: Claimant’s papers numbered pages (1) through (8) sworn to August 31, 2006 and filed September 7, 2006.
[3].The following papers have been read and considered on claimant’s motion: Claimant’s Affidavit in Support of Request to Proceed as a Poor Person sworn to July 11, 2006 and filed July 17, 2006;
[4].The following papers have been read and considered on defendant’s cross-motion: Notice of Cross-Motion dated October 6, 2006 and filed October 10, 2006; Affirmation in Support of Motion to Dismiss of John L. Belford, IV, Esq. with annexed Exhibit A dated October 6, 2006 and filed October 10, 2006; Defendant’s Memorandum of Law dated October 6, 2006 and received October 10, 2006.