New York State Court of Claims

New York State Court of Claims

GREEN v. STATE OF NEW YORK, #2008-045-035, Claim No. 110190, Motion No. M-75481


Synopsis



Case Information

UID:
2008-045-035
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110190
Motion number(s):
M-75481
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Shawn Green, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Joseph F. Romani, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
November 13, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the Court on this motion: Claimant’s Notice of Motion, Claimant’s Affirmation in Support, Defendant’s Affirmation in Opposition with annexed Exhibits A-C and Claimant’s Reply. Claimant, Shawn Green, a pro se inmate, has brought this motion seeking an order certifying the record on appeal. Defendant, the State of New York, opposes this application.

Claimant has apparently appealed to the Appellate Division, Third Department, a November 20, 2007 Decision and Order of this court denying claimant’s motion, M-73617, for summary judgment in his favor[1]. Claimant’s motion to reargue the November 20, 2007 Decision and Order was also denied by a Decision and Order of this court filed on March 18, 2008.

It appears that in late July 2008, claimant forwarded to the Albany Office of the Attorney General a notice to settle the record on appeal together with a stipulation form and claimant’s proposed record on appeal. By letter dated August 1, 2008, Ms. Marlene O. Tuczinski, Assistant Solicitor General, wrote to claimant that she was enclosing a signed stipulation waiving certification. Ms. Tuczinski informed claimant that she substituted copies of originals of documents maintained in the Attorney General’s files for documents which were rewritten by claimant. She also added a copy of the notice of motion which she stated was not in the proposed record. Ms. Tuczinski then directed claimant to omit a Decision and Order written by Court of Claims Judge Schaewe and a document identified as Admission, Interrogatories and Discovery to Defendant from the proposed record, as she deemed those documents as being irrelevant to the proposed record. In response, claimant notified Ms. Tuczinski that omitting the two documents would “defeat the argument and purpose for appeal to determine claimant[’s] entitlement to judgment with limited discovery.” Thereafter, Ms. Tuczinski withdrew her stipulation waiving certification of the record.

Claimant has failed to submit a proposed record with his motion for the court to review in this matter. A properly supported motion for judicial settlement of the record on appeal should include the original or a copy of the proposed record on appeal. Thus, the court is unable to settle the proposed record at this time. However, the parties are reminded that the court read and considered the following papers on claimant’s summary judgment motion, M-73617: Claimant’s Notice of Motion for Summary Judgment, Claimant’s “Affirmation” in Support, Claimant’s Memorandum of Law with annexed Exhibits A-F, Defendant’s Affirmation in Opposition to Claimant’s Motion for Summary Judgment, Claimant’s Reply, the filed Claim and the filed Answer. The court encourages the parties to again attempt to settle the record on appeal without court intervention.

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

November 13, 2008
Hauppauge, New York

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




[1].Claimant has failed to provide the court with any documentation evincing that the appeal process has been properly commenced in the Appellate Division, Third Department.