|Claimant(s):||CONSTANTINEE L. JACKSON|
|Claimant short name:||JACKSON|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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
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.