New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2009-032-117, Claim No. 114440, Motion No. M-76000


Synopsis



Case Information

UID:
2009-032-117
Claimant(s):
CONSTANTINEE 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-76000
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Constantinee Jackson, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, NYS Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
March 26, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved for an order directing a pretrial conference. Defendant opposes that application.

Preliminary conferences are not mandated in prisoner pro se claims (Uniform Rules for the Court of Claims 22 NYCRR § 206.10 [a]). Further, other conferences, including a pretrial conference, may be scheduled “as the [C]ourt may deem helpful or necessary” (Uniform Rules for the Court of Claims 22 NYCRR § 206.10 [e]). Claimant’s only stated reason for the conference appears in his Reply papers where he asserts the strength of his case. Viewed another way, the asserted reason is nothing more than yet another attempt to obtain a settlement conference (see Jackson v State of New York, Ct Cl, Claim No. 114440, Motion No. M-75645, UID # 2008-032-124 [Hard, J., November 24, 2008]; Jackson v State of New York, Ct Cl, Claim No. 114440, Motion No. M-74525, UID # 2008-045-017 [Lopez-Summa, J., April 14, 2008]). Claimant is free to contact defendant directly to initiate settlement discussions, “[i]t is unnecessary and arguably unwise for the Court, the ultimate trier of fact, to be involved in such matters” (Forshey v State of New York, Ct Cl, Nov. 10, 2003, Minarik, J., Claim No. 105817, Motion Nos. M-66810, M-66880, Cross Motion No. CM-66887 [UID # 2003-031-083]). The Court declines to direct a conference in this instance.

Accordingly, claimant’s motion M-76000 shall be and hereby is denied in its entirety.



March 26, 2009
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Claimant’s Notice of Motion and Supporting Affidavit;

2. Affirmation in Opposition of Assistant Attorney General Roberto Barbosa;

3. Reply to Affirmation in Opposition of Claimant’s Motion for a Pre-trial Conference.

Claim; Verified Answer.