New York State Court of Claims

New York State Court of Claims
IFILL v. THE STATE OF NEW YORK, # 2019-032-021, Claim No. 130520, Motion No. M-93198

Synopsis

Claimant's motion for a trial preference is denied as moot.

Case information

UID: 2019-032-021
Claimant(s): DR, RICHARD SUNDAY IFILL
Claimant short name: IFILL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 130520
Motion number(s): M-93198
Cross-motion number(s):
Judge: JUDITH A. HARD
Claimant's attorney: Dr. Richard Sunday Ifill, Pro Se
Defendant's attorney: Hon. Letitia James, Attorney General
By: Ed J. Thompson, Assistant Attorney General
Third-party defendant's attorney:
Signature date: April 15, 2019
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, an inmate proceeding pro se, filed the instant claim on November 6, 2017 seeking damages for injuries sustained as a result of negligent medical treatment at Five Points Correctional Facility. Claimant now moves to advance the claim to an immediate trial on the ground that he is entitled to a trial preference in the interest of justice (CPLR 3403 [a] [3]). Defendant opposes the motion.

By letter dated April 3, 2019, the Court advised claimant that this claim has been scheduled for trial on June 26, 2019 at Five Points Correctional Facility, which is the Court's next available trial term.

Accordingly, claimant's motion seeking a trial preference (M-93198) is DENIED as moot.

April 15, 2019

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Verified Claim, filed on November 6, 2017.

2. Motion to Advance Case to Immediate Trial, dated October 21, 2018; and Affidavit in Support of Motion for Immediate Trial, sworn to by claimant on October 21, 2018, with Attachments.

3. Affirmation in Opposition, affirmed by Ed J. Thompson, AAG on December 26, 2018.

4. Reply to Defendant's Opposition, sworn to by claimant on December 30, 2018.