Pro se Claimant's Motion to Amend Claim denied.
|Claimant short name:||DOLBERRY|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Andre Dolberry, Pro Se|
|Defendant's attorney:||ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: Christina Calabrese, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||July 6, 2017|
|See also (multicaptioned case)|
For the reasons set forth below, the Motion of pro se Claimant, Andre Dolberry, to amend his Claim is denied.
This pro se Claim, which was filed in the office of the Clerk of the Court on February 1, 2017, alleges that, on August 18, 2016, while incarcerated at Franklin Correctional Facility, Claimant was assaulted by four inmates as a result of the State's failure to properly supervise them. The Claim also asserts that Claimant lost some of his personal property when, after the assault, he was transferred to the Special Housing Unit.
CPLR 3025(b) provides that a motion to amend a pleading "shall be accompanied by the proposed amended … pleading clearly showing the changes or additions to be made to the pleading." Claimant's Motion papers consist of a Notice of Motion, two affidavits in support of his Motion, which were not executed before a notary public, a document entitled "Amended Complaint 16-213952-0." However, this document is not verified and provides reasons why Claimant's Motion should be granted. The Court does not consider it to be a proposed Amended Claim. Claimant has also submitted an "Affidavit" of Service that also is not notarized. He has not complied with CPLR 3025(b) as he has not included a proposed amended Claim clearly showing the changes or additions to the Claim. Therefore, the Motion to amend is denied.
July 6, 2017
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims
The following papers were read and considered by the Court on Claimant's motion to amend the Claim:
Notice of Motion, "Affidavits" in Support,
"Affidavit" of Service 1
Affirmation in Opposition 2
Claimant's Reply 3
Filed Papers: Claim, Answer