New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2007-045-009, Claim No. 107834, Motion No. M-73128


Synopsis



Case Information

UID:
2007-045-009
Claimant(s):
MICHAEL S. 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):
107834
Motion number(s):
M-73128
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Michael S. Johnson, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 11, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the Court on this Motion: Claimant’s Motion for Settlement and Defendant’s Affirmation in Opposition to Claimant’s Motion for Settlement with annexed Exhibits A-C. Claimant, Michael S. Johnson, a pro se inmate, moves this Court for an order imposing a settlement of his claim. Defendant, the State of New York, opposes the motion on the ground that the instant motion is identical in all substantive aspects to another motion, M-71713, previously brought by claimant in this matter and denied by Court of Claims Judge Melvin L. Schweitzer on July 19, 2006 (See Def Exhs A and C). Defendant also states that it would be inappropriate to settle this case given its purported lack of wrongdoing in this action (Def Exh B).

Clearly, the same issues asserted in the present motion were raised and decided by Judge Schweitzer in his Decision and Order filed July 19, 2006. As the exact relief was previously requested and denied, this court must deny claimant’s present application. Additionally, as previously pointed out by Judge Schweitzer, the Court does not have the authority to impose a settlement of this claim.

Therefore, for the foregoing reasons, claimant’s motion is denied.


June 11, 2007
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims