New York State Court of Claims

New York State Court of Claims
MITCHELL v. STATE OF NEW YORK, # 2018-015-157, Claim No. 125954, Motion No. M-92314

Synopsis

Pro se inmate's motion to schedule settlement conference was denied.

Case information

UID: 2018-015-157
Claimant(s): LAYSHAWN MITCHELL
Claimant short name: MITCHELL
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 125954
Motion number(s): M-92314
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Layshawn Mitchell, Pro Se
Defendant's attorney: Honorable Barbara D. Underwood, Attorney General
By: Christina Calabrese, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: August 29, 2018
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves for an Order scheduling a settlement conference.

Claimant, an inmate in the custody of the Department of Corrections and Community Supervision (DOCCS), seeks damages for DOCCS' failure to dispense medication to treat his testosterone deficiency. Upon the facts of this case and in light of the defendant's unwillingness to participate in settlement discussions, the Court must deny claimant's motion.

This matter will be scheduled for trial in the order in which the claim was filed. Claimant should be aware that while his present motion purports to set forth the merit of his claim, any proof relied on at the time of trial, unless defendant otherwise agrees, must be in admissible form (see CPLR 4518 [c]). Notably, claims alleging medical malpractice and/or medical negligence require expert medical opinion establishing defendant's alleged negligence or that a deviation from an accepted standard of care caused or contributed to claimant's injuries (Davis v State of New York, 151 AD3d 1411, 1412 (3d Dept 2017]; Wood v State of New York, 45 AD3d 1198 [3d Dept 2007]). Accordingly, the motion is denied.

August 29, 2018

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of Motion, filed May 24, 2018;
  2. Document entitled "Argument";
  3. Affirmation in Opposition, dated June 4, 2018.