New York State Court of Claims

New York State Court of Claims
BLOODYWONE v. THE STATE OF NEW YORK, # 2020-015-023, Claim No. 128722, Motion No. M-94973

Synopsis

Claimant's motion to have his dismissed claim re-examined was denied.

Case information

UID: 2020-015-023
Claimant(s): ZHORDRACK BLOODYWONE
Claimant short name: BLOODYWONE
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128722
Motion number(s): M-94973
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Zhordrack Bloodywone, Pro Se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Glenn C. King, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: February 13, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant moves to have the dismissal of his claim "re-examined by all the judges of the State of New York Court of Claims: (claimant's motion, p. 1 of 1).

By Decision and Order dated June 28, 2019, the claim was dismissed on the ground it was not served upon the Attorney General as required by Court of Claims Act 11 (a) (i). Claimant then filed a motion "suspending the execution of [the] motion" (see Bloodywone v The State of New York, Ct Cl, August 9, 2019, Collins, J., claim No. 128722, UID No. 2019-015-181). By Decision and Order dated August 9, 2019, the Court denied the motion as claimant failed to demonstrate that the Court overlooked or misapprehended matters of fact or law (CPLR 2221 [d]) and claimant submitted no new facts which would change the prior determination (CPLR 2221 [e]). To the extent the instant motion may be considered yet another motion to reargue, it is served well beyond the time permitted to do so (CPLR 2221 [d] [3]). To the extent it may be considered a motion to renew, claimant has submitted no proof which would change the determination that the claim was unserved.

Accordingly, claimant's motion is denied.

February 13, 2020

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Petition for rehearing dated September 25, 2019;
  2. Affirmation in Opposition dated December 16, 2019.