|Claimant short name:||PRINCE|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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