New York State Court of Claims

New York State Court of Claims
WORD v. THE STATE OF NEW YORK, # 2018-054-109, Claim No. 131356, Motion No. M-92849

Synopsis

Claimant's motion for renewal denied, motion for renewal as unfounded and lacks a basis under CPLR 2221 (e).

Case information

UID: 2018-054-109
Claimant(s): DIANE WORD
Claimant short name: WORD
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131356
Motion number(s): M-92849
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: DIANE WORD
Pro Se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Matthew H. Feinberg, Assistant Attorney General
Third-party defendant's attorney:
Signature date: October 29, 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 renewal:

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

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

Claimant brings this motion to renew regarding this Court's Decision and Order (Word v State of New York, UID No. 2018-054-065 [Ct Cl, Rivera, J., June 20, 2018]) which granted defendant's motion to dismiss Claim No. 131356 on jurisdictional grounds.

By Decision and Order filed-stamped September 10, 2018 (Word v State of New York, UID No. 2018-054-087 [Ct Cl, Rivera, J., August 30, 2018]), this Court denied claimant's motion for reargument noting that a reargument motion is not "a vehicle to permit the unsuccessful party to argue once again the very questions previously decided" (see Foley v Roche, 68 AD2d 558, 567 [1st Dept 1979]).

Similarly, the Court denies claimant's motion for renewal as unfounded and lacking a basis under CPLR 2221 (e) to grant her application. The Court further notes that a renewal motion is not a vehicle to argue once again the questions previously decided by the Court.

Claimant's motion to renew is DENIED.

October 29, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims