New York State Court of Claims

New York State Court of Claims

PETTUS v. THE STATE OF NEW YORK, #2008-015-012, Claim No. 113705, Motion No. M-74237


Synopsis


Inmate's motion for a jury trial was denied.

Case Information

UID:
2008-015-012
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):
113705
Motion number(s):
M-74237
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: Glenn C. King, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
February 28, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant moves for a jury trial pursuant to CPLR 410. This request has been previously denied by this Court as well as others (see, e.g., Pettus v State of New York ,, Claim No. 113867, Ct Cl, October 18, 2007, Collins, J. [UID # 2007-015-242]; Pettus v State of New York, Claim No. 112504, Ct Cl, November 7, 2007, Schaewe, J. [UID # 2007-044-581]). Claimant should by now know that there is no right to a jury trial in the Court of Claims (Court of Claims Act § 12 [3]; Graham v Stillman, 100 AD2d 893 [1984]). Claimant’s motion is denied.


February 28, 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 November 1, 2007;
  2. Affidavit of James Pettus sworn to November 13, 2007;
  3. Affirmation of Glenn C. King dated November 30, 2007.