New York State Court of Claims

New York State Court of Claims

BUTLER v. THE STATE OF NEW YORK, #2008-015-016, Claim No. 113458, Motion No. M-74290


Synopsis


Motion to resume prosecution of claim was denied as unnecessary.

Case Information

UID:
2008-015-016
Claimant(s):
RICKY BUTLER
Claimant short name:
BUTLER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113458
Motion number(s):
M-74290
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Ricky Butler, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Michael T. Krenrich, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
February 29, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a pro se inmate, commenced this action for damages arising out of the alleged failure to protect him from a foreseeable assault by another inmate while he was in the custody of the Department of Correctional Services (DOCS). Claimant now moves for an order “to resume calendaring and processing as the claim has now been properly served . . . .” The motion is denied as unnecessary. The parties should proceed with discovery and the case will be scheduled for trial in due course.



February 29, 2008
Saratoga Springs, New York

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


The Court considered the following papers:
  1. "Motion to Proceed" dated November 6, 2007;
  2. Affidavit of Service of Ricky Butler sworn to November 28, 2007;
  3. Affirmation in opposition of Michael T. Krenrich dated December 28, 2007.