Defendant's motion for summary judgment denied. Defendant failed to submit any of the pleadings, including its own answer.
|Claimant short name:||ROBERTS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||W. BROOKS DeBOW|
|Claimant's attorney:||SHAWN ROBERTS, Pro se|
|Defendant's attorney:||LETITIA JAMES, Attorney General
of the State of New York
By: Heather R. Rubinstein, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||October 7, 2019|
|See also (multicaptioned case)|
Claimant, an individual incarcerated in a State correctional facility, filed this claim seeking compensation for seven days of allegedly wrongful confinement from December 19, 2014 to December 26, 2014 at Green Haven Correctional Facility (CF). Defendant moves for summary judgment pursuant to CPLR 3212 on the ground that defendant is entitled to governmental immunity for the discretionary actions of its employees. Claimant opposes the motion, which will be denied for the following reasons.
The CPLR provides, in pertinent part, that a motion for summary judgment shall "be supported by affidavit, by a copy of the pleadings and by other available proof" (CPLR 3212 [b] [emphasis added]). Here, defendant moves for summary judgment on the claim (see Notice of Motion, dated September 19, 2019; Rubinstein Affirmation in Support of Motion, ¶¶ 1, 3), but has failed to submit any of the pleadings, including its own verified answer, in support of the motion for summary judgment, which requires summary denial of the motion regardless of its merits (see Ahern v Shepherd, 89 AD3d 1046, 1047 [2d Dept 2011]; Greene v Wood, 6 AD3d 976, 977 [3d Dept 2004]; Somers Realty Corp. v Big V Props., 149 AD2d 581, 581 [2d Dept 1989]).
Accordingly, it is
ORDERED, that defendant's motion number M-94615 is DENIED.
October 7, 2019
Saratoga Springs, New York
W. BROOKS DeBOW
Judge of the Court of Claims
1. Claim No. 125532, filed January 14, 2015;
2. Verified Answer, filed February 27, 2015;
3. Notice of Motion, dated September 19, 2019;
4. Affirmation of Heather R. Rubinstein, AAG, in Support of Motion, dated September 19, 2019, with Exhibits A-C;
5. Affidavit of Service of Francine Broughton, sworn to September 20, 2019;
6. Reply Motion of Shawn Roberts, dated September 30, 2019.