New York State Court of Claims

New York State Court of Claims
HENDERSON v. THE STATE OF NEW YORK, # 2010-033-394, Claim No. 116412, Motion No. M-77856


Case information

UID: 2010-033-394
Claimant short name: HENDERSON
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 116412
Motion number(s): M-77856
Cross-motion number(s):
Judge: James J. Lack
Claimant's attorney: James Henderson, Pro Se
Defendant's attorney: Andrew M. Cuomo, New York State Attorney General
By: Joan Matalavage, Assistant Attorney General
Third-party defendant's attorney:
Signature date: June 29, 2010
City: Hauppauge
Official citation:
Appellate results:
See also (multicaptioned case)


This is a claim for injuries to James Henderson (hereinafter "claimant") due to the alleged dental malpractice of defendant. Claimant alleges defendant improperly performed oral surgery on March 5, 2008 at Eastern Correctional Facility, Napanoch, New York.

Claimant moves to settle this case pursuant to Court of Claims Act 20-a.(1) However, Court of Claims Act 20-a provides for the Court of Claims to enforce a settlement when a settlement has been entered into and approved by the parties. No settlement has been reached in the instant matter.

As discovery was still outstanding at the time of the making of this motion, the motion must be denied (Baron v Incorporated Village of Freeport, 143 AD2d 792).

Based upon the foregoing, claimant's motion is denied.

June 29, 2010

Hauppauge, New York

James J. Lack

Judge of the Court of Claims

1. The following papers have been read and considered on claimant's motion: Notice of Motion For Settlement Pursuant to N.Y. Court of Claims Act Section 20(a) sworn to February 27, 2010 and filed February 22, 2010 (sic) with annexed Exhibits A-C.