New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2008-015-003, Claim No. 112381, Motion No. M-74011


Synopsis


Motion was denied as incomprehensible.

Case Information

UID:
2008-015-003
Claimant(s):
RAFAEL RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112381
Motion number(s):
M-74011
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Rafael Rivera, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 8, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Papers purporting to be a motion by the claimant were forwarded for disposition. Defendant opposed the application on the ground that the motion is "disjointed, incoherent and incomprehensible." The procedures prescribed in the Civil Practice Law and Rules (CPLR) for the bringing of motions are applicable in the Court of Claims (see 22 NYCRR § 206.8 [a]). CPLR 2214 (a) requires that a notice of motion specify "the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor." None of this information is discernible from the papers submitted. Accordingly, the motion is denied.



January 8, 2008
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:

  1. Papers purporting to be a motion filed September 26, 2007;
2. Affirmation In Opposition of Saul Aronson dated October 4, 2007;
  1. Papers purporting to be a Reply filed on October 26, 2007