New York State Court of Claims

New York State Court of Claims

MITCHELL v. STATE OF NEW YORK, #2007-042-513, Claim No. 111757, Motion No. M-73146


Synopsis


Claimant brought on this motion for partial summary judgment of liability pursuan to CPLR Rule 3212 and an award of damages. Claimant’s motion is denied.

Case Information

UID:
2007-042-513
Claimant(s):
WILLIAM MITCHELL, DIN #01-A-4811
Claimant short name:
MITCHELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111757
Motion number(s):
M-73146
Cross-motion number(s):

Judge:
NORMAN I. SIEGEL
Claimant’s attorney:
WILLIAM MITCHELL, PRO SE
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General of the State of New York
By: THOMAS M. TRACE, ESQ.Senior Attorney
Third-party defendant’s attorney:

Signature date:
May 4, 2007
City:
Utica
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This motion is brought by the claimant for partial summary judgment on liability. The court has considered the following papers:
  1. Notice of Motion, filed April 3, 2007
  2. Affidavit of William Mitchell, pro se, sworn to March 27, 2007
  3. Opposition affirmation of Thomas M. Trace, Esq., dated April 17, 2007
  4. Exhibits A - D, annexed to the opposition affirmation of Thomas M. Trace, Esq.
  5. Letter from William Mitchell, pro se, dated April 20, 2007
__________________________________________

This matter comes before the court on the pro se claimant’s motion for partial summary judgment on liability.

The underlying claim states, in relevant part, that:

[t]his is a two part claim for redress due to intentional tort and personal tort. The intentional tort arises due to deliberate indifference to claimant’s immediate dental needs for three months in retaliation for his exercising a right to be secured in his person (mouth) against unwarranted invasion. The personal tort arises due to the aiding and abetting [by “agents, officers and employees of the defendant State of New York”] of the commission of conspiracy to commit kidnapping 2nd, kidnapping 2nd [sic], unlawful imprisonment 1st, and obstruction of governmental administration in violation of Penal Law offenses.


Claimant moves for partial summary judgment on the latter portion of the claim (hereinafter referred to as “false imprisonment”). In support of the motion, claimant contends that the defendant did not refute the claim “in admissible form” - apparently because claimant considers the answer interposed by defendant to be legally deficient and because claimant also contends that the State failed to file papers “in admissible form” in a habeas corpus proceeding which claimant commenced and lost.

Defendant opposes this motion and relies upon a prior decision of this court, together with attacking the merits of the claim itself.

The court need not address the second prong of defendant’s opposition (there being no cross-motion before the court), as a ruling on defendant’s first argument is dispositive of claimant’s motion.

First, it should be noted that claimant himself offered no factual proof in admissible form in support of this motion for partial summary judgment.

More importantly though, the issues raised on this motion have already been ruled upon. In a previous motion in this matter (M-71275) claimant sought summary judgment before Judge Midey on the second cause of action (false imprisonment) contending that defendant’s answer did not adequately deny the allegations of his claim. While the language of that motion and this motion may vary in some respects, the issue presented before the court on this motion is the same as that faced by Judge Midey.

I am in accord with the decision of Judge Midey and for the reasons set forth in Judge Midey’s decision in Mitchell v State of New York, UID No. 2006-009-025, Claim No. 111757, Motion Nos. M-71167, M-71275, M-71276, claimant’s motion for partial summary judgment on the false imprisonment claim is denied.


May 4, 2007
Utica, New York

HON. NORMAN I. SIEGEL
Judge of the Court of Claims