New York State Court of Claims

New York State Court of Claims
SWINTON v. THE STATE OF NEW YORK, # 2021-028-552, Claim No. 136132, Motion No. M-96864

Synopsis

Case information

UID: 2021-028-552
Claimant(s): REGINALD SWINTON
Claimant short name: SWINTON
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 136132
Motion number(s): M-96864
Cross-motion number(s):
Judge: RICHARD E. SISE
Claimant's attorney: REGINALD SWINTON, PRO SE
Defendant's attorney: HON. LETITIA JAMES, ATTORNEY GENERAL
BY: Ray A. Kyles
Assistant Attorney General
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 leave to amend the claim:

1. Claimant's Notice of Motion filed May 26, 2021;

2. Claimant's Affidavit sworn to May 19, 2021, with exhibits;

3. Correspondence from Ray A. Kyles, Esq., dated October 1, 2021.

Filed papers: Claim and Answer

Claimant brings this motion requesting permission to amend his claim. In his original claim filed on March 18, 2021, Mr. Swinton alleges a bailment cause of action relating to personal property that Defendant allegedly lost when Mr. Swinton was transferred from Auburn Correctional Facility to Sullivan Correctional Facility on September 15, 2020.

CPLR 3025(b) provides that permission to amend a claim "should be freely granted unless the amendment sought is palpably improper or insufficient as a matter of law, or unless prejudice and surprise directly result from the delay in seeking the amendment" (D'Angelo v State Ins. Fund, 48 AD3d 400, 402 [2d Dept 2008]). In support of his application Claimant asserts that the purpose of the proposed amended claim is to correct a mistake, omission, defect, irregularity, or inadvertence in the claim's appearance. Although Claimant does not specifically address what changes he seeks to make to the claim in his supporting affidavit, the Court notes that a review of the claim and the proposed amended claim side by side demonstrates that Claimant has properly arranged some misplaced pages and added numbered paragraphs to all of the allegations of his claim. Moreover, by letter dated October 1, 2021, Defendant notified the Court that it has no objection to Claimant's application. Inasmuch as the proposed amendment is proper and Defendant does not claim prejudice or surprise, the motion should be granted.

Accordingly, it is

ORDERED, that motion is granted and it is further

ORDERED, that Claimant shall, within sixty (60) days of the filing date of this Decision and Order, file with the Chief Clerk of the Court and serve upon the Attorney General the proposed amended claim, in accordance with the verification, service and filing requirements of the Court of Claims Act 11.

November 23, 2021

Albany, New York

RICHARD E. SISE

Judge of the Court of Claims