New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2007-015-223, Claim No. 112381, Motion No. M-73288


Synopsis


Motion denied for failure to comply with the requirements as to form set forth in CPLR 2214 (a).

Case Information

UID:
2007-015-223
Claimant(s):
RAFAEL RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112381
Motion number(s):
M-73288
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Rafael Rivera, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 9, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Papers purporting to be a motion by the claimant were forwarded for disposition. Defendant opposed the application on the ground that the motion is "incoherent and incomprehensible on its face." The procedures prescribed in the Civil Practice Law and Rules (CPLR) for the bringing of motions are applicable in the Court of Claims (see 22 NYCRR § 206.8 [a]). CPLR Rule 2214 (a) requires that a notice of motion specify "the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor." None of this information is discernible from the papers submitted. Accordingly, the motion is denied.



August 9, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Papers purporting to be a motion filed April 30, 2007;
  2. "Affidavit" of Rafael Rivera sworn to April 27, 2007;
  3. Affirmation of Saul Aronson dated May 8, 2007;
  4. Reply of Rafael Rivera filed May 21, 2007.