New York State Court of Claims

New York State Court of Claims
GURVEY v. STATE OF NEW YORK, # 2018-015-152, Claim No. 128261, Motion No. M-92190

Synopsis

Claimant's motion to renew prior motion was denied. No new facts warranted renewal nor would the documents submitted change the Court's prior determination that the claim was jurisdictionally defective.

Case information

UID: 2018-015-152
Claimant(s): AMY R. WEISSBROD GURVEY, USPTO PATENTEE
Claimant short name: GURVEY
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128261
Motion number(s): M-92190
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Amy R. Weissbrod Gurvey, Pro Se
Defendant's attorney: Honorable Barbara D. Underwood, Attorney General
By: Anthony Rotondi, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: August 20, 2018
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant moves to renew the defendant's prior motion to dismiss. The motion is denied.

"A motion to renew must be 'based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination' " (Johnson v State of New York, 95 AD3d 1455, 1456 [3d Dept 2012], quoting CPLR 2221[e][2]; see also Scott v Thayer, 160 AD3d 1175 [3d Dept 2018]). Here, the documents submitted in support of claimant's renewal motion were all in existence at the time defendant's dismissal motion was made and therefore do not constitute new facts. Nor would they change this Court's prior determination that: (1) the claim is jurisdictionally defective because it fails to meet the pleading requirements of Court of Claims Act 11 (b); and (2) this Court lacks jurisdiction to review determinations of the First Department Disciplinary Committee.

The claimant's motion is therefore denied.

August 20, 2018

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of motion, dated April 19, 2018;
  2. Unsworn "affidavit in support", dated April 19, 2018, with Exhibits 1 - 3;
  3. Affirmation in opposition, dated May 9, 2018;
  4. Statement of Amy R. Weissbrod Gurvey, dated May 14, 2018.