New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2009-032-119, Claim No. 114440, Motion No. M-76311


Synopsis



Case Information

UID:
2009-032-119
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-76311
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Constantinee L. 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:
April 2, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has petitioned the Court for an order imposing a settlement upon the Defendant.
Defendant opposes the application.

Claimant has twice before made a motion to compel a settlement and those applications were denied (Jackson v State of New York, Ct Cl, Claim No. 114440, Motion No. M-75645 [Hard, J., November 24, 2008]; Jackson v State of New York, Ct Cl, Claim No. 114440, Motion No. M-74525 [Lopez-Summa, J., April 14, 2008]). The law has not changed and claimant has not advanced an argument that would convince this Court to deviate from the prior decisions.

Defendant, in an abundance of caution, has also opposed the motion by viewing it as one for summary judgment as well. The Court does not view the motion as such, but on the record before it if such were claimant’s intention, it would be denied.

Accordingly, claimant’s motion M-76311 shall be and hereby is denied in its entirety.


April 2, 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. Defendant’s Affirmation in Opposition;

3. Claimant’s Reply “Affirmation”.

Claim; Verified Answer.