New York State Court of Claims

New York State Court of Claims
RODRIGUEZ v. THE STATE OF NEW YORK, # 2010-010-014, Claim No. 115867, Motion Nos. M-77643, M-77696

Synopsis

Claimant's motion to file an amended claim denied; claimant cannot amend a defective claim which was dismissed.

Case information

UID: 2010-010-014
Claimant(s): PEDRO RODRIGUEZ
Claimant short name: RODRIGUEZ
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 115867
Motion number(s): M-77643, M-77696
Cross-motion number(s):
Judge: Terry Jane Ruderman
Claimant's attorney: PEDRO RODRIGUEZ
Pro Se
Defendant's attorney: HON. ANDREW M. CUOMO
Attorney General for the State of New York
By: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:
Signature date: March 2, 2010
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion (M-77643) for an extension of time to oppose the State's motion to dismiss:

Notice of Motion, Claimant's Supporting Affidavit................................................1

Defendant's Affirmation in Opposition and Exhibit...............................................2

The following papers numbered 1-2 were read and considered by the Court on claimant's motion (M-77696) to file an amended claim:

Notice of Motion, Claimant's Supporting Affidavit................................................1

Defendant's Affirmation in Opposition and Exhibit...............................................2

M-77643

In M-77643, claimant seeks an extension of time to oppose defendant's motion to dismiss (M-77554); however M-77643 is rendered moot by claimant's subsequently filed motion M-77696, wherein claimant seeks to file an amended claim "in lieu of a response to the motion to dismiss the claim filed by the defendant" (Claimant's Notice of Motion M-77696).

Accordingly, M-77643 is DENIED as moot.

M-77696

In M-77696, claimant seeks permission to serve and file an amended claim alleging facts beyond that which were stated in Claim No. 115867. Claim No. 115867 was dismissed for lack of jurisdiction by Decision and Order dated March 1, 2010 (M-77554). Claimant cannot make any amendments to a defective claim. Moreover, the claim has already been dismissed.

Accordingly, M-77696 is DENIED.

March 2, 2010

White Plains, New York

Terry Jane Ruderman

Judge of the Court of Claims