New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2008-045-017, Claim No. 114440, Motion No. M-74525


Synopsis


inmate motion for settlement conference.

Case Information

UID:
2008-045-017
Claimant(s):
CONSTANTINEE L. JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114440
Motion number(s):
M-74525
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Constantinee L. Jackson, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 14, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on this motion: Claimant’s “Motion of Negotiate Throw VIC Phone, Between Claimant and Defendant Attorney,” Defendant’s Affirmation in Opposition, Claimant’s Reply and the filed Claim. Claimant, Constantinee L. Jackson, a pro se inmate, has brought this motion seeking an order scheduling a settlement conference in this matter. The underlying claim contains various allegations of negligence asserted against defendant, the State of New York.

Defendant opposes the scheduling of a settlement conference in this action. Defendant expressly states in its opposition to this motion that it does not intend to enter into settlement negotiations in this case.

This Court does not have the authority to impose a settlement on the parties since settlements are voluntary endeavors. A party to an action is within its rights to take the position that a claim is without merit and determine that a settlement offer is inappropriate.

Therefore, for the foregoing reasons, claimant’s motion is denied.[1]

April 14, 2008
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims




[1].The Court notes that claimant’s claim numbered 114441 was previously dismissed by the Court in a Decision and Order filed March 11, 2008.