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.
||AMY R. GURVEY|
Claimant short name:
|Footnote (claimant name) :
||THE STATE OF NEW YORK|
|Footnote (defendant name) :
||FRANCIS T. COLLINS|
||Amy R. Gurvey, pro se|
||Honorable Letitia James, Attorney General
By: Anthony Rotondi, Esq., Assistant Attorney General
||January 22, 2021|
See also (multicaptioned case)
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
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
- Notice of Motion to Dismiss dated October 13, 2020;
- Affirmation dated October 13, 2020, with Exhibits A and B;
- Correspondence from claimant dated November 8, 2020, with attachments.
- Notice of motion dated October 20, 2020, with attachments;
- Affirmation in Opposition dated November 12, 2020.