New York State Court of Claims

New York State Court of Claims

WHITE v. STATE OF NEW YORK, #2007-037-035, Claim No. 105960, Motion No. M-73738


Synopsis



Case Information

UID:
2007-037-035
Claimant(s):
WILLIS L. WHITE
Claimant short name:
WHITE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105960
Motion number(s):
M-73738
Cross-motion number(s):

Judge:
JEREMIAH J. MORIARTY III
Claimant’s attorney:
Willis L. White, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo
New York State Attorney General
By: Richard B. Friedfertig, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 29, 2007
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following were read and considered with respect to Claimant’s motion to renew and reargue:
1. “Notice of Enyry [sic]” and statement of pro se Claimant sworn to June 26, 2007,

with annexed Exhibit;


2. Opposing affidavit of Assistant Attorney General Richard B. Friedfertig sworn to July

6, 2007.


Filed papers: Claim filed April 24, 2002; Answer filed May 29, 2002; and White v State of New York, Ct Cl, April 3, 2007, Moriarty, J., claim no. 105960, motion no. M-72739, UID #2007-037-017.

Claimant, a pro se inmate, filed and served a prolix claim asserting several causes of action which allegedly occurred while Claimant was incarcerated at Gowanda Correctional Facility. After issue was joined, Defendant subsequently filed and served a motion to dismiss all but the bailment cause of action in the claim, and requested an order compelling discovery and/or a preclusion order. In the Court’s April 3, 2007 decision and order, all but the bailment and unlawful confinement causes of action were dismissed, Claimant was ordered to respond to Defendant’s discovery demands within sixty (60) days, and Defendant’s motion for a preclusion order was denied. Claimant then filed and served a “Notice of Enyry [sic],” a sworn statement entitled “Decision and Order,” and an affidavit indicating service of a “Notice of Intention to file a claim.” Defendant was unable to decipher these documents and, indeed, the Court was equally perplexed. Because there appears to be no other possible explanation for filing and serving these documents, the Court has treated them as a motion for leave to renew or reargue the Court’s April 3, 2007 decision and order.

A motion for reargument is addressed to the discretion of the Court and allows a party the opportunity to establish that the Court overlooked or misapprehended matters of fact or law (see CPLR Rule 2221[d] [2]). Its purpose is not, however, to afford the unsuccessful party an opportunity to reargue the same issues previously decided; nor does reargument afford the unsuccessful party the opportunity to advance arguments different from those presented during the original motion (see Foley v Roche, 68 AD2d 558 [1979]). Claimant has failed to indicate any fact or principle of law that the Court overlooked or misapprehended to warrant reargument of the Court’s prior decision and order. Thus, insofar as Claimant’s papers can be construed as a motion for leave to reargue, they must be denied.

To the extent that Claimant’s present papers can be construed as a motion for leave to renew, they must also be denied. A motion to renew is based on new facts not offered on the original motion, or on a change in the law that would alter the prior determination of the Court (CPLR Rule 2221 [e] [2]). Once again, Claimant has failed to allege any new facts or to indicate any change in the law that would warrant leave to renew the Court’s prior decision and order. Accordingly, it is hereby

ORDERED, that Claimant’s papers insofar as they can be construed as either a motion for leave to reargue or a motion for leave to renew the Court’s prior decision and order, are denied in all respects.



August 29, 2007
Buffalo, New York

HON. JEREMIAH J. MORIARTY III
Judge of the Court of Claims