New York State Court of Claims

New York State Court of Claims

BURGESS v. STATE OF NEW YORK, #2008-038-627, Claim No. 115051, Motion No. M-75566


Synopsis


Claimant’s motion to amend the claim is granted.

Case Information

UID:
2008-038-627
Claimant(s):
EDWARD BURGESS
Claimant short name:
BURGESS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115051
Motion number(s):
M-75566
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
EDWARD BURGESS, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
Paul F. Cagino, AAG, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 11, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an individual incarcerated in a State facility, filed this claim on March 31, 2008, alleging negligent bailment and seeking compensation for personal property that was allegedly lost concomitant to his transfer between correctional facilities. He makes this motion seeking to amend his claim. Defendant has not submitted any opposition to the motion. Leave to amend a pleading shall be freely given (see CPLR 3025[b]). Claimant’s motion does not seek to alter or amend the claim in any substantive manner, but simply seeks to append a supporting affidavit and original documentary exhibits to the claim. The documents are related to claimant’s property as well as to administrative proceedings related to the claim for lost property. Although such documents are generally proferred as exhibits during the trial of a claim, the Court discerns no prejudice to defendant nor other reason why the motion to amend the claim should be denied. Accordingly, it is

ORDERED, that Motion No. M-75566 is granted, and it is further

ORDERED, that Claimant’s Affidavit in Support of Motion No. M-75566 including Exhibits A-1 - 9 shall be denoted as an Amended Claim, and shall be deemed to have been served and filed as of the filing date of this Decision, and it is further,

ORDERED, that Defendant may file and serve a Verified Answer to the Amended Claim within forty (40) days of the filing date of this Decision, provided that if such a pleading is not filed and served within that time, the Verified Answer filed on May 8, 2008 shall be deemed to be the Answer to the Amended Claim.

December 11, 2008
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered
:


(1) Claim No. 115051, filed March 31, 2008;

(2) Verified Answer, filed May 8, 2008;

(3) Notice of Motion to Amend Claim, dated August 25, 2008;

(4) Support Affidavit of Edward Burgess, sworn to August 25, 2008, with Exhibits A-1 - 9;

(5) Affidavit of Service, sworn to August 25, 2008.