New York State Court of Claims

New York State Court of Claims

ENNIS v. STATE OF NEW YORK, #2007-039-043, Claim No. 112001, Motion No. M-71670


Synopsis


Defendant moves the Court for an order changing the venue of the claim from Franklin County to Wyoming County pursuant to CPLR § 510. Defendant’s motion is granted. Pursuant to CPLR § 510 and § 206.4 (b) of the Uniform Rules for the Court of Claims, the venue of the claim is changed to Wyoming County since the claim accrued at Attica Correctional Facility.

Case Information

UID:
2007-039-043
Claimant(s):
JOHN ENNIS
Claimant short name:
ENNIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112001
Motion number(s):
M-71670
Cross-motion number(s):

Judge:
JAMES H. FERREIRA
Claimant’s attorney:
John Ennis, pro se
Defendant’s attorney:
Hon. Andrew M. Cuomo
Attorney General of the State of New York
By: Kathleen M. ArnoldAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
November 9, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant John Ennis alleges that defendant is responsible for the loss of various items of personal property that occurred when he was transferred from A Block to the Special Housing Unit at Attica Correctional Facility. Issue was joined, and defendant now moves the Court for an order pursuant to Civil Practice Law and Rules § 510 changing the venue of the claim from Franklin County to Wyoming County. Claimant does not offer any opposition to the motion.

CPLR § 510 provides, in relevant part, that “[t]he court, upon motion, may change the place of trial of an action where . . . the county designated for that purpose is not a proper county.” Pursuant to § 206.4 (b) of the Uniform Rules for the Court of Claims, “no claim shall be transferred for trial from one district to another unless ordered upon motion on notice setting forth the grounds, or upon order of the Presiding Judge.” Moreover, the provisions of CPLR § 510 are applicable to the Court of Claims (see Joseph Davis, Inc. v State of New York, 204 Misc 1050, 1050 [1954]; see also Court of Claims Act § 9 [9]). Here, since the claim accrued at Attica Correctional Facility, which is located in Wyoming County, the proper venue for the claim is Wyoming County.

Accordingly, M-71670 is hereby granted and the Clerk is directed to correct the records of the Court to reflect the place of accrual as Attica Correctional Facility.


November 9, 2007
Albany, New York

HON. JAMES H. FERREIRA
Judge of the Court of Claims


Papers Considered
:
  1. Notice of Motion to Change Venue dated May 4, 2006; and
  2. Affirmation in Support of Motion to Change Venue by Kathleen M. Arnold, AAG affirmed on May 4, 2006 with exhibits.