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.
|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.|
|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|
|See also (multicaptioned case)|
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
1. Notice of Motion dated June 10, 2021;
2. Affirmation in Opposition dated July 2, 2021.