New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2008-045-026, Claim No. 114440, Motion Nos. M-74439, M-74440


Synopsis


inmate motion for trial preference.

Case Information

UID:
2008-045-026
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-74439, M-74440
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:
June 10, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on these motions: Claimant’s Notice of Motion for Special Trial Preference filed January 10, 2008, Claimant’s Affidavit in Support, Defendant’s Affirmation in Opposition, Claimant’s Reply, Claimant’s Notice of Motion for Special Trial Preference filed January 11, 2008, Claimant’s Affidavit in Support, Defendant’s Affirmation in Opposition, Claimant’s Reply and the filed Claim. Claimant, Constantinee L. Jackson, a pro se inmate, has brought these motions seeking an order granting a trial preference for his claim pursuant to Civil Procedure Law and Rules (CPLR) 3403. The underlying claim contains various allegations of negligence asserted against defendant, the State of New York.

The Court of Claims Act (CCA) as well as the Uniform Rules for the Court of Claims (22 NYCRR 206) are silent with regard to the granting of trial preferences. In such circumstances, the Court must be guided by the provisions of the CPLR.

CPLR 3403 provides that civil cases shall be tried in the order in which notes of issue have been filed[1], but the following shall be entitled to a preference:

1. an action brought by or against the state, or a political subdivision of the state, or an officer or board of officers of the state or a political subdivision of the state, in his or its official capacity, on the application of the state, the political subdivision, or the officer or board of officers;

2. an action where a preference is provided for by statute; and

3. an action in which the interests of justice will be served by an early trial.

4. in any action upon the application of a party who has reached the age of seventy years.

5. an action to recover damages for medical, dental or podiatric malpractice.

6. an action to recover damages for personal injuries where the plaintiff is terminally ill and alleges that such terminal illness is a result of the conduct, culpability or negligence of the defendant (emphasis added).

Claimant has failed to establish that he is entitled to a trial preference based on any of the enumerated circumstances set out in CPLR 3403.


Therefore, for the foregoing reasons, claimant’s motions are denied.[2]

June 10, 2008
Hauppauge, New York

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




[1].Pro se inmates are generally informed by letter from the Office of the Chief Clerk of the Court of Claims that their claims will be scheduled for trial based upon the date the claim was originally filed.
[2].The Court notes that claimant’s claim numbered 114441 was previously dismissed by the Court in a Decision and Order filed March 11, 2008.