New York State Court of Claims

New York State Court of Claims
WELCH v. STATE OF NEW YORK, # 2021-015-073, Claim No. 133976, Motion No. M-96897

Synopsis

Claimant's motion for summary judgment on his wrongful confinement claim was denied as he failed to meet the procedural and substantive requirements of CPLR 3212.

Case information

UID: 2021-015-073
Claimant(s): AARON WELCH
Claimant short name: WELCH
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) : The caption has been amended sua sponte to reflect the only properly named defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 133976
Motion number(s): M-96897
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Aaron Welch, Pro Se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Christina Calabrese, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: July 19, 2021
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, a pro se inmate in the custody of the Department of Corrections and Community Supervision, moves for a date certain for trial.

The instant claim, filed on November 14, 2019, alleges claimant was wrongfully confined following a prison disciplinary determination finding him guilty of certain disciplinary charges. Claimant's motion for a date certain for trial must be denied. Although trials are slowly resuming following the COVID-19 pandemic, pro se inmate claims are scheduled for trial in the order in which they were filed, meaning the older filed claims will be tried first. Insofar as claimant has not identified a basis for granting him a special trial preference (see CPLR 3403), his claim will proceed to trial in due course.

Accordingly, claimant's motion is denied.

July 19, 2021

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

1. Notice of Motion dated June 10, 2021;

2. Affirmation in Opposition dated July 2, 2021.