Glenn C. King, Esquire, Assistant Attorney General

">

New York State Court of Claims

New York State Court of Claims
CAIMITE v. THE STATE OF NEW YORK, # 2017-015-285, Claim No. 127679, Motion No. M-91073

Synopsis

Claimant's motion to amend his claim was granted, without opposition.

Case information

UID: 2017-015-285
Claimant(s): ECSON CAIMITE
Claimant short name: CAIMITE
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 127679
Motion number(s): M-91073
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Ecson Caimite, Pro Se
Defendant's attorney: Hon. Eric T. Schneiderman, Attorney General
By: Glenn C. King, Esquire, Assistant Attorney General
Third-party defendant's attorney:
Signature date: November 17, 2017
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves to amend his claim pursuant to CPLR 3025 (b).

Claimant, an inmate in the custody of the Department of Corrections and Community Supervision, alleges that certain of his personal property was damaged by correction officers on January 7, 2016 while they were searching his cell in his absence. The proposed amended claim expands upon the factual allegations underlying the claim and includes additional proof in support thereof.

By letter dated October 6, 2017, defendant has indicated that it has no objection to the claimant's motion to amend the claim. As a result, the Court will grant the motion with the direction that the amended claim be verified in accordance with the requirements of Court of Claims Act 11 (b) and CPLR 3021.

Accordingly, the claimant's motion is granted and claimant is directed to serve and file his verified amended claim in accordance with Court of Claims Act 11 (b) within 45 days of the date this Decision and Order is filed.

November 17, 2017

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of Motion to Amend Pleadings, dated September 6, 2017;
  2. Affidavit in Support of Motion, sworn to September 6, 2017;
  3. Second Amended and Verified Claim, dated September 6, 2017 with Exhibits 1-6 and 10;
  4. Letter from Glenn C. King, Esq., dated October 6, 2017.