New York State Court of Claims

New York State Court of Claims

PETTUS v. THE STATE OF NEW YORK, #2008-015-005, Claim No. 112647, Motion No. M-74141


Synopsis


Claimant's motion for summary judgment was denied as moot. Claim was previously dismissed.

Case Information

UID:
2008-015-005
Claimant(s):
JAMES PETTUS
Claimant short name:
PETTUS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112647
Motion number(s):
M-74141
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
James Pettus, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 9, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant, an inmate pro se, filed this motion for summary judgment on October 26, 2007. The claim, however, was dismissed by an order of this Court dated October 1, 2007 and filed with the Clerk of the Court of Claims on November 5, 2007. As a result, the instant motion is denied as moot.



January 9, 2008
Saratoga Springs, New York

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


The Court considered the following papers:
  1. Notice of motion dated October 27, 2007;
  2. "Affidavit/Affirmation" of James Pettus sworn to October 25, 2007 with exhibits;
  3. Affirmation of Paul F. Cagino dated November 6, 2007 with exhibits;
  4. Reply affidavit improperly denominated as "Notice of Motion Pursuant to CPLR 2219" sworn to November 13, 2007.