New York State Court of Claims

New York State Court of Claims
GURVEY v. THE STATE OF NEW YORK, # 2021-015-011, Claim No. 135057, Motion Nos. M-96042, M-96043

Synopsis

The parties' dispositive motions were both denied, the claimant's request to withdraw her claim without prejudice was granted, and the claim was dismissed without prejudice.

Case information

UID: 2021-015-011
Claimant(s): AMY R. GURVEY
Claimant short name: GURVEY
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 135057
Motion number(s): M-96042, M-96043
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Amy R. Gurvey, pro se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Anthony Rotondi, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: January 22, 2021
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

On July 16, 2020, claimant filed what she refers to as a "Monell claim" seeking damages for ongoing violations of her constitutional rights. By Notice of Motion dated October 13, 2020 (Motion No. M-96042), defendant moved to dismiss the claim based on lack of subject matter jurisdiction.

On October 23, 2020, claimant served a Motion For Judgment On The Pleadings (motion No. M-96043), which defendant opposed by filing an Affirmation In Opposition on November 12, 2020. By letter dated November 8, 2020, claimant purported to withdraw the instant claim (claim No. 135057), as well as claim number 134439(1) "without prejudice" (claimant's letter to the Clerk of the Court of Claims dated Nov. 8, 2020). Accordingly, claim number 135057 is dismissed, without prejudice, and both claimant's and defendant's motions (motion No. M-96043 and motion No. 96042) are denied as moot.

January 22, 2021

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

M-96042

  1. Notice of Motion to Dismiss dated October 13, 2020;
  2. Affirmation dated October 13, 2020, with Exhibits A and B;
  3. Correspondence from claimant dated November 8, 2020, with attachments.

M-96043

  1. Notice of motion dated October 20, 2020, with attachments;
  2. Affirmation in Opposition dated November 12, 2020.

1. Claim number 134439 was previously dismissed.