|Claimant short name:||LATOUCHE|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||MAUREEN T. LICCIONE|
|Claimant's attorney:||VALERY LATOUCHE, pro se|
|Defendant's attorney:||HON. LETITIA JAMES, ATTORNEY GENERAL
By: Dorothy M. Keogh, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||October 31, 2019|
|See also (multicaptioned case)|
Claimant Valery LaTouche, an inmate proceeding pro se, ("Claimant") seeks to hold defendant State of New York ("Defendant") liable for monetary damages for injuries he sustained as the result of alleged dental malpractice that took place when he was housed in Sing Sing Correctional Facility.
Claimant has moved for summary judgment pursuant to CPLR 3212. Defendant opposed the application.
In the meantime, Claimant had made a prior motion (M-93526) to amend his claim which was decided on September 20, 2019. The amended claim was filed on October 3, 2019 and it appears that issue has not yet been joined on the amended claim. Since the claim has been amended, Claimant's motion for summary judgment on the initial claim is moot and must be denied for that reason.
Accordingly, Claimant's motion no. M-94273 is denied without prejudice to any such motion the Claimant may make on the amended claim.
Papers read and considered on Claimant's Motion:
1. Notice of Motion for Summary Judgment, Memorandum of Law in Support of Motion for Summary Judgment, and attached exhibits.
2. Defendant's Affirmation in Opposition to Claimant's Motion for Summary Judgment, and attached exhibits.
October 31, 2019
Central Islip, New York
MAUREEN T. LICCIONE
Judge of the Court of Claims