New York State Court of Claims

New York State Court of Claims

SILAS v. THE STATE OF NEW YORK, #2007-038-507, Claim No. 110217, Motion No. M-72816


Synopsis



Case Information

UID:
2007-038-507
Claimant(s):
WILLIE L. SILAS
Claimant short name:
SILAS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110217
Motion number(s):
M-72816
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
WILLIE L. SILAS, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Glenn C. King, Assistant Attorney General
Third-party defendant’s attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has filed a claim seeking damages in the amount of $200,000.00 for injuries that were allegedly sustained when he was burned by hot water while working in the kitchen at Franklin Correctional Facility. He has filed a motion seeking “an order of relief in the sum of $200,000.00 dollars pursuant to the State Court of Claims Act § 20-a.” He contends that defendant has failed to file or serve an answer to his claim. Defendant opposes the motion.


Settlement of claims filed in the Court of Claims is governed by Court of Claims Act

§ 20-a, which does not authorize the Court of Claims to direct a settlement. Settlement is a matter to be pursued and agreed upon by the parties, and is a matter that claimant should propose to the Office of the Attorney General in the first instance. Accordingly, claimant’s motion for relief pursuant to Court of Claims Act § 20-a will be denied.

To the extent claimant is seeking a default judgment upon his allegation that an answer to the claim was never filed or served, such relief will be denied. Defendant filed a verified answer to the claim on January 6, 2005, appended to which is an affidavit of service sworn to on January 5, 2005.

Accordingly, claimant’s Motion # M-72816 is DENIED in all respects.


February 27, 2007
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims



Papers considered:


(1) Notice of Motion, undated;

(2) Affidavit of Willie Silas in Support of Motion, sworn to December 29, 2006;

(3) “Affidavit” of Willie Silas, unsworn and dated December 29, 2006;

(4) Affirmation of Glenn C. King, Assistant Attorney General, dated February 6, 2007,

with exhibits A-B;

(5) Claim, filed December 14, 2004;

(6) Verified Answer, filed January 6, 2005.