New York State Court of Claims

New York State Court of Claims
DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-076, Claim No. 129253, Motion No. M-90154

Synopsis

Pro se Claimant's Motion to Amend Claim denied.

Case information

UID: 2017-040-076
Claimant(s): ANDRE DOLBERRY
Claimant short name: DOLBERRY
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129253
Motion number(s): M-90154
Cross-motion number(s):
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
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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:

Papers Numbered

Notice of Motion, "Affidavits" in Support,

"Affidavit" of Service 1

Affirmation in Opposition 2

Claimant's Reply 3

Filed Papers: Claim, Answer