New York State Court of Claims

New York State Court of Claims
TILLMAN v. THE STATE OF NEW YORK, # 2017-015-266, Claim No. 123743, Motion No. M-90791

Synopsis

Claimant's motion for an extension of time to make motions and to amend his claim was denied.

Case information

UID: 2017-015-266
Claimant(s): GARRIEN TILLMAN
Claimant short name: TILLMAN
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 123743
Motion number(s): M-90791
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Garrien Tillman, Pro se
Defendant's attorney: Honorable Eric T. Schneiderman, Attorney General
By: Douglas R. Kemp, Esq.
Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 20, 2017
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves for an extension of time to make motions and for permission to amend his claim.

Claimant, an inmate, seeks damages for injuries allegedly sustained when he was assaulted by correction officers at Great Meadow Correctional Facility on January 11, 2013. By letter dated April 6, 2017, the parties were informed that this matter would be scheduled for trial in the near future and, by Order dated April 7, 2017, the Court directed that all motions, if any, be made returnable on or before July 19, 2017. Claimant indicates in support of his motion (filed July 20, 2017 and returnable August 16, 2017) that he was unable to timely file the motion because he was transferred between prison facilities several times, he required medical treatment outside the prison facility and he anticipated his release from prison "on or before July 19, 2017" (claimant's Affidavit in Support 14).

Claimant has informed the Court that he has now been released from prison. As a result, this claim has been transferred to the undersigned's IAS calendar and a preliminary telephone conference has been scheduled for October 4, 2017 to discuss the completion of discovery and filing of the note of issue. The Order dated April 7, 2017 is hereby vacated and claimant's request for an extension of time to make the instant motion is denied as moot. However, to the extent claimant requests permission to amend his claim, his request is denied as claimant failed to submit a copy of the proposed amended claim or otherwise set forth in what respect he desires to amend his claim.

Accordingly, claimant's motion is denied and the Order dated April 7, 2017 is vacated.

September 20, 2017

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of Motion, dated June 21, 2017, with supporting papers;
  2. Affirmation in Opposition, sworn to on August 3, 2017.