New York State Court of Claims

New York State Court of Claims
BROWN v. THE STATE OF NEW YORK, # 2018-054-070, Claim No. 122129, Motion No. M-92348

Synopsis

Motion to amend claim denied-cause of action lacks merit, protected by judicial immunity.

Case information

UID: 2018-054-070
Claimant(s): KEVIN BROWN
Claimant short name: BROWN
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 122129
Motion number(s): M-92348
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: KEVIN BROWN
Pro Se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Benjamin L. Maggi, Assistant Attorney General
Third-party defendant's attorney:
Signature date: June 25, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion for leave to amend his claim:

Notice of Motion, Claimant's Supporting Affidavit and Exhibits............................1

Defendant's Affirmation in Opposition....................................................................2

Claimant seeks leave to amend Claim No. 122129.

While leave to amend shall be freely granted absent prejudice or surprise (CPLR 3025 [b]), leave will not be granted where the proposed amendment lacks merit (see Thomas Crimmins Contr. Co. v City of New York, 74 NY2d 166, 170 [1989]; McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755 [1983]). Thus, to the extent that claimant seeks to allege a cause of action against the Chief Clerk of the Court of Claims for wrongfully, maliciously and deliberately providing claimant with the wrong claim number, such cause of action lacks merit as the alleged conduct is protected by the doctrine of judicial immunity (see Mosher-Simons v County of Allegany, 99 NY2d 214 [2002]; Mertens v State of New York, 73 AD3d 1376 [3d Dept 2010]). In addition, claimant has failed to include a proposed amended claim.

Accordingly, claimant's motion is DENIED.

June 25, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims