New York State Court of Claims

New York State Court of Claims

MALLOY v. THE STATE OF NEW YORK, #2007-033-232, Claim No. 108930, Motion Nos. M-72051, M-72541


Synopsis



Case Information

UID:
2007-033-232
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-72051, M-72541
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Anthony Malloy, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Glenn C. King, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 14, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by Anthony Malloy (hereinafter “claimant”) for damages allegedly caused by defendant when claimant was transferred against his will to Downstate Correctional Facility in Fishkill, New York.


Claimant moves this Court under two motions (M-72051 and M-72541)[1] for the same relief. Claimant asks this Court to set a speedy trial date since he may be released in January 2007.[2] Claimant is concerned that in the event he is released prior to the trial of the claim he will be unable to travel back to the prison.

In the event claimant is released from prison prior to the trial of this matter, claimant shall notify the Clerk of the Court of his new address (Uniform Rules of the Court of Claims §206.6). The Court can transfer this matter to a district convenient to claimant, thereby relieving claimant of the burden of expensive travel costs. While the Court should ideally hold trials within two years of a claim’s filing, this is not always possible.

Accordingly, claimant’s motions for speedy trial are denied.


March 14, 2007
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 motions: Notice of Motion dated July 8, 2006 and filed July 24, 2006; Affidavit in Support of Anthony Malloy sworn to July 20, 2006 and filed July 24, 2006; Notice of Motion dated November 5, 2006 and filed November 16, 2006; Affidavit in Support of Notice of Motion sworn to November 14, 2006 and filed November 16, 2006; letter of Glenn C. King, Esq. dated July 25, 2006 and received July 26, 2006; letter of Glenn C. King, Esq. dated November 20, 2006 and received November 21, 2006.
[2].According to the NYS Department of Correctional Services’ website, claimant is still in custody with a conditional release date of July 29, 2007.