New York State Court of Claims

New York State Court of Claims
JACKSON v. THE STATE OF NEW YORK, # 2010-032-022, Claim No. 114440, Motion No. M-78003

Synopsis

Case information

UID: 2010-032-022
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-78003
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 General
By: Roberto Barbosa, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:
Signature date: June 22, 2010
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, an inmate proceeding pro se, moves this Court for a default judgment on this claim alleging assault and battery. As best the Court can tell, the basis for claimant's motion is that defendant failed to respond to a reply of claimant, dated November 17, 2009, which reply was in response to defendant's notice of entry of a decision and order regarding Motion No. M-76869. Defendant submitted a letter in opposition to claimant's motion, but claimant objected on the basis that it was submitted after the return date. The Court agrees and will therefore not consider defendant's opposition. Notwithstanding the same, however, claimant's motion must be denied.

Defendant's failure to respond to claimant's reply to a notice of entry of a decision and order does not constitute a basis for granting a default judgment.

Based on the foregoing, claimant's motion for a default judgment (Motion No. M-78003) is denied.

June 22, 2010

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Motion for Default Judgment, dated March 2, 2010.

Papers Filed: Claim, filed November 1, 2007; Verified Answer, filed August 17, 2007; Order, filed November 28, 2007; Decision and Order, filed April 21, 2008; Decision and Order, filed July 1, 2008; Decision and Order, filed September 10, 2008; two Decisions and Orders, filed December 5, 2008; Decision and Order, filed December 9, 2008; Decision and Order, filed December 18, 2008; Decision and Order, filed April 17, 2009; Decision and Order, filed April 21, 2009; Decision and Order, filed April 23, 2009; Decision and Order, filed October 30, 2009.