Claimant's motion for summary judgment on his wrongful confinement cause of action was denied as he failed to support his motion with a copy of the pleadings or any documentary evidence.
|Claimant short name:||JORDAN|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Reginald Jordan, Pro Se|
|Defendant's attorney:||No Appearance|
|Third-party defendant's attorney:|
|Signature date:||December 8, 2021|
|See also (multicaptioned case)|
Claimant, proceeding pro se, moves for summary judgment pursuant to CPLR 3212.
Claimant, an incarcerated individual, seeks damages for wrongful confinement arising from a 69-day period of confinement to the Special Housing Unit at Great Meadow Correctional Facility following a prison disciplinary hearing which he alleges was conducted in violation of his right to due process.
"To obtain summary judgment it is necessary that the movant establish his cause of action or defense sufficiently to warrant the court as a matter of law in directing judgment in his favor (CPLR 3212, subd. [b]), and he must do so by tender of evidentiary proof in admissible form" (Zuckerman v City of New York, 49 NY2d 557, 562  [inner quotation marks and citation omitted]; see also Deleon v New York City Sanitation Dept., 25 NY3d 1102 ; Vega v Restani Constr. Corp., 18 NY3d 499, 503 ; Alvarez v Prospect Hosp., 68 NY2d 320, 324 ). Only where claimant has made the showing required does the burden shift to the opposing party "to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action" (Alvarez, 68 NY2d at 324). CPLR 3212 specifically requires a motion for summary judgment be supported by a copy of the pleadings.
Here, claimant's motion for summary judgment failed to include a copy of the pleadings thereby warranting denial of the motion on this basis alone. In addition, no documentary proof in admissible form was submitted in support of the motion. Accordingly, claimant failed to meet his burden of demonstrating his entitlement to judgment as a matter of law.
Based on the foregoing, claimant's motion is denied.
December 8, 2021
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
1. Undated notice of motion filed October 4, 2021;
2. Affidavit in support sworn to September 29, 2021.