New York State Court of Claims

New York State Court of Claims

PETTUS v. THE STATE OF NEW YORK, #2008-015-009, Claim No. 113892, Motion No. M-74159


Synopsis


Motion for summary judgment denied as moot. Claim was previously dismissed.

Case Information

UID:
2008-015-009
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):
113892
Motion number(s):
M-74159
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: Roberto Barbosa, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 15, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant, an inmate pro se, filed the instant motion for summary judgment on November 1, 2007. The claim, however, was dismissed by Order of this Court dated October 17, 2007, which was filed with the Clerk of the Court of Claims on November 26, 2007. As a result, this motion is denied as moot.



January 15, 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 30, 2007 with exhibits;
  3. Affirmation of Roberto Barbosa dated November 9, 2007 with exhibits.
  4. Reply affidavit improperly denominated as "Notice of Motion Pursuant CPLR 2219" sworn to November13, 2007.