Motion to amend claim denied-cause of action lacks merit, protected by judicial immunity.
|Claimant short name:||BROWN|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||KEVIN BROWN
|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|
|See also (multicaptioned case)|
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 ; McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755 ). 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 ; 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
Judge of the Court of Claims