New York State Court of Claims

New York State Court of Claims

PETTUS v. THE STATE OF NEW YORK, #2008-015-019, Claim No. 113867, Motion Nos. M-74320, CM-74364


Synopsis


Inmate sanctioned for repeated requests for jury trial.

Case Information

UID:
2008-015-019
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):
113867
Motion number(s):
M-74320
Cross-motion number(s):
CM-74364
Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
James Pettus, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
Roberto Barbosa, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 3, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant’s motion for a jury trial pursuant to CPLR 410 is denied and the defendant’s cross-motion for sanctions pursuant to 22 NYCRR § 130.1 is granted. Claimant’s prior motions for a jury trial have been denied in this case 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]). In fact, when addressing the same request in a different matter Judge Schaewe noted that the Court had previously denied two such requests for a speedy jury trial and added “[c]laimant is now strongly warned that the Court considers his conduct in making repetitive motions for the identical relief previously denied to be potentially frivolous, and that sanctions for similar motion practice may well be forthcoming in the future”. That time has now come. Claimant is hereby sanctioned in the amount of $50.00. Payment shall be deposited with the Clerk of the Court of Claims for transmittal to the Commissioner of Taxation and Finance (see 22 NYCRR §§ 130-1.1; 130-1.3; 206.20). Let judgment be entered accordingly. Claimant’s motion is denied.


March 3, 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/Affirmation" of James Pettus sworn to November 13, 2007;
  3. Notice of cross-motion dated December 19, 2007;
  4. Affirmation of Roberto Barbosa dated December 19, 2007.