|Claimant short name:||HENDERSON|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|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.