New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2007-040-046, Claim No. 113774, Motion No. M-73842


Synopsis


Prisoner pro se’s motion to supplement claim granted.

Case Information

UID:
2007-040-046
Claimant(s):
JOHNATHAN JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113774
Motion number(s):
M-73842
Cross-motion number(s):

Judge:
CHRISTOPHER J. McCARTHY
Claimant’s attorney:
Johnathan Johnson, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Michael T. Krenrich, Esq., AAG
Third-party defendant’s attorney:

Signature date:
September 24, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

For the reasons set forth below, Claimant’s motion to supplement his Claim is granted. The Claim, which was filed in the Office of the Clerk of the Court on May 31, 2007, asserts that, on May 10, 2007, while housed at Upstate Correctional Facility located in Malone, Claimant was assaulted by several correction officers suffering an injury to his hand. Claimant now seeks to serve and file a Supplemental Claim asserting new allegations of negligence, improper medical care and medical malpractice arising from the medical treatment he received following the May 10, 2007 incident (see Supplemental Claim attached to Motion).

Defense counsel has submitted an affirmation in response to Claimant’s motion, wherein he advises the Court that Defendant does not oppose Claimant’s motion to supplement his Claim in the form of an Amended Claim (Krenrich Affirmation, WHEREFORE clause).

Therefore, Claimant’s motion to supplement his Claim is granted and Claimant is directed to serve and file his Supplemental Claim in the form attached to his Motion, within thirty (30) days of the date of filing of this decision and order. As provided in § 206.7(b) of the Uniform Rules for the Court of Claims, Defendant’s answer to the Supplemental Claim shall be served and filed within forty (40) days after service of the Supplemental Claim.


September 24, 2007
Albany, New York

HON. CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims


The following papers were read and considered by the Court on Claimant’s motion to supplement his Claim:

Papers Numbered


Notice of Motion, Affirmation in Support

proposed Supplemental Claim and Exhibits
attached 1


Affirmation of Defense Counsel and
Exhibits attached 2


Filed papers: Claim and Answer