New York State Court of Claims

New York State Court of Claims
PRINCE v. THE STATE OF NEW YORK, # 2021-028-545, Claim No. 131770, Motion No. M-97068

Synopsis

Case information

UID: 2021-028-545
Claimant(s): RAYMOND PRINCE
Claimant short name: PRINCE
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131770
Motion number(s): M-97068
Cross-motion number(s):
Judge: RICHARD E. SISE
Claimant's attorney: RAYMOND PRINCE, PRO SE
Defendant's attorney: NO APPEARANCE
Third-party defendant's attorney:
Signature date: November 23, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers were read on Claimant's motion for summary judgment:

1. Notice of Motion filed August 9, 2021;

2. Affidavit of Raymond Prince sworn to August 4, 2021 with Exhibits annexed.

Filed papers: Claim

Claimant has moved for summary judgment in this claim alleging violation of his State constitutional rights.

Claimant's previous motion for summary judgment was denied in part because he failed to include, with his papers, copies of the pleadings. Here, claimant has provided a copy of the claim but not the answer. Inasmuch as he has again failed to provide the court with copies of all the pleadings, as required by CPLR 3212 (b), the motion must be denied. Moreover, a cursory reading of the claim, which alleges that the Superintendent of Wende Correctional Facility failed to cooperate in claimant's attempt to resolve criminal charges pending in the State of South Carolina, raises questions as to whether this court has jurisdiction or, if the matter should have been raised in an article 78 proceeding in Supreme Court.

Accordingly, it is

ORDERED, that the motion is denied.

November 23, 2021

Albany, New York

RICHARD E. SISE

Judge of the Court of Claims