New York State Court of Claims

New York State Court of Claims
KOEHL v. THE STATE OF NEW YORK, # 2010-015-120, Claim No. 113877, 114945, Motion Nos. M-77490, M-77491

Synopsis

Motion for recusal was denied.

Case information

UID: 2010-015-120
Claimant(s): EDWARD KOEHL
Claimant short name: KOEHL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 113877, 114945
Motion number(s): M-77490, M-77491
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Edward Koehl, Pro Se
Defendant's attorney: Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, Esquire and Michael C. Rizzo, Esquire
Assistant Attorneys General
Third-party defendant's attorney:
Signature date: March 10, 2010
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, an inmate proceeding pro se, moves for recusal in claim numbers 113877 (Motion No. M-77490) and 114945 (Motion No. 77491).

The first motion (M-77490) relating to claim number 113877 is based on this Court's denial of the claimant's motions for summary judgment and reargument. In that claim, claimant alleges the destruction of certain items of personal property during the course of a cell search. The Court denied claimant's motion for summary judgment, holding that the claimant failed to establish his prima facie entitlement to summary judgment because he offered "no evidence beyond his own unsubstantiated allegations to establish both that he owned the property which he claims was damaged during the defendant's search of his cell and its fair market value" (Koehl v State of New York, Ct Cl, May 4, 2009 [Claim No. 113877, Motion No. M-76161] Collins, J. unreported). The Court also noted, in any event, that the defendant met its burden of producing evidence indicating that the loss or destruction of the claimant's property was not its fault, thereby raising questions of fact requiring a trial (id.). Claimant's motion for reargument was denied as the claimant failed to establish that the Court overlooked or misapprehended matters of fact or misapplied existing law (see CPLR 2221 [d] [2]). The second motion (M-77491) relating to claim number 114945 is based on this Court's denial of the claimant's motions to compel discovery and for reargument. The order denying the motion was based on defense counsel's representation that claimant had been provided with a complete response to all demands for discovery, which consisted of approximately 14 inches of documents. To the extent claimant sought the production of the confidential records of the Inspector General, the Court found the demand was overly broad and improper under the circumstances of the case. Claimant's motion for reargument was denied as the claimant failed to establish the criteria necessary to warrant that relief (see CPLR 2221 [d] [2]).

Recusal is required in any proceeding in which a Judge's impartiality might reasonably be questioned, including but not limited to those instances set forth in 100.3 (E) of the Rules of the Chief Administrator of the Courts. None of the circumstances set forth in that section require recusal nor has the claimant pointed to any ruling establishing bias (see R & R Capital LLC v Merritt, 56 AD3d 370 [2008]; Solow v Wellner, 157 AD2d 459 [1990]; Scott v Brooklyn Hosp., 93 AD2d 577 [1983]).

Accordingly, claimant's motions (Motion Nos. M-77490 and M-77491) are denied.

March 10, 2010

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

The Court considered the following papers:

Claim No. 113877, Motion No. M-77490

  1. Notice of motion dated October 26, 2009;
  2. Unsworn "Affidavit" of Edward Koehl dated October 26, 2009;
  3. Letter dated November 12, 2009 from Paul F. Cagino;
  4. Unsworn "Affidavit" of Edward Koehl dated December 2, 2009.

Claim No. 114945, Motion No. M-77491

  1. Notice of motion dated October 26, 2009;
  2. Unsworn "Affidavit" of Edward Koehl dated October 26, 2009;
  3. Affidavit of Michael C. Rizzo sworn to November 25, 2009;
  4. Unsworn "Affidavit" of Edward Koehl dated December 2, 2009.