New York State Court of Claims

New York State Court of Claims

BRADY v. THE STATE OF NEW YORK; Governor George Pataki, Chief Judge Judith S. Kaye, Attorney General Eliot Spitzer , #2007-028-572, Claim No. NONE, Motion No. M-73540


Synopsis


Movant, who must obtain Court permission in order to commence an action, has moved for a default judgment, contending that the submission he filed and served was not an application for permission to file but, rather, the claim itself. Motion denied.


Case Information

UID:
2007-028-572
Claimant(s):
KEVIN PATRICK BRADY
Claimant short name:
BRADY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK; Governor George Pataki, Chief Judge Judith S. Kaye, Attorney General Eliot Spitzer
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-73540
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
KEVIN PATRICK BRADY, PRO SE
Defendant’s attorney:
ANDREW M. CUOMO, ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
August 27, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Movant’s motion for “Summary Award”:

1. Notice of Motion, with annexed Exhibits from Kevin Patrick Brady, pro se; and


2. Submission captioned “Notice of Service” with annexed Exhibits, from Kevin Patrick Brady, pro se.

In April 2007, Movant, appearing pro se, filed with the Court of Claims a document captioned “Notice of Claim for Judicial Negligence and Deprivation(s) of Constitutional Rights.” This submission was accepted as a motion for permission to file because of events and rulings set forth, in detail, in an earlier decision (Brady v State of New York, M-72812; CM-72927, M-72976 [Ct Cl 2007], Sise, P.J.).

Movant has now moved for a default judgment (“Summary Award”) on the ground that Defendant State of New York has failed to serve an Answer to his “Claim.” Inasmuch as Movant cannot commence an action without the Court’s permission, and no such permission has been granted, there is no Claim that must be answered, and Defendant is not in default.

Movant’s motion is DENIED.


August 27, 2007
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims