New York State Court of Claims

New York State Court of Claims
SYMONDS v. THE STATE OF NEW YORK, # 2020-038-580, Claim No. 128369, Motion No. M-95964

Synopsis

Claimant's motion for summary judgment denied without prejudice to renewal. Claimant failed to append a copy of the pleadings to the moving papers.

Case information

UID: 2020-038-580
Claimant(s): ROBERT SYMONDS
Claimant short name: SYMONDS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128369
Motion number(s): M-95964
Cross-motion number(s):
Judge: W. BROOKS DeBOW
Claimant's attorney: ROBERT SYMONDS, 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: December 3, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, an individual currently incarcerated in a State correctional facility, filed this claim seeking compensation for injuries allegedly sustained as the result of an assault by an unknown inmate at Green Haven Correctional Facility on September 5, 2015. Claimant now moves for summary judgment on the claim. Defendant opposes the motion, which will be denied for the reasons that follow.

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, claimant moves for summary judgment on the claim (see Notice of Motion, dated Sept. 21, 2020; Symonds Affidavit, 2), and although claimant states in his affidavit in support of the motion that the pleadings are attached as exhibits to his submission (see Symonds Affidavit, 3), there are no exhibits included with his moving papers. Claimant's omission of the pleadings on this motion requires summary denial of the motion without prejudice to renewal of the motion (see Wilder v Heller, 24 AD3d 433, 434 [2d Dept 2005]; Greene v Wood, 6 AD3d 976, 977 [3d Dept 2004]).

Accordingly, it is

ORDERED, that claimant's motion number M-95964 is DENIED.

December 3, 2020

Saratoga Springs, New York

W. BROOKS DeBOW

Judge of the Court of Claims

Papers considered:

1. Claim number 128369, filed August 16, 2016;

2. Verified Answer, filed September 26, 2016;

3. Notice of Motion, dated September 21, 2020;

4. Affidavit of Robert Symonds in Support of Motion for Summary Judgment, sworn to September 21, 2020;

5. Affirmation of Heather R. Rubinstein, AAG, in Opposition to Motion for Summary Judgment, dated November 10, 2020, with Exhibit A.