Opinion
# 2017-050-041 Claim No. 124870 Motion No. M-90764
08-28-2017
DARRELL DAVENPORT v. THE STATE OF NEW YORK
Darrell Davenport, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Michael T. Feeley, Assistant Attorney General
Synopsis
Claimant's motion to amend his claim is denied without prejudice. Claimant has not complied with CPLR 3025 (b) as he has not included a proposed amended claim clearly showing the changes or additions to the claim.
Case information
| UID: | 2017-050-041 |
| Claimant(s): | DARRELL DAVENPORT |
| Claimant short name: | DAVENPORT |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124870 |
| Motion number(s): | M-90764 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Darrell Davenport, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Michael T. Feeley, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 28, 2017 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Pro se prisoner claimant moves for leave to amend his claim which was originally filed August 20, 2014. Defendant opposes the motion.
Leave to amend a pleading under CPLR 3025 (b) is freely granted "unless the proposed amendments plainly lack merit or would cause the nonmoving party to suffer prejudice or unfair surprise" (Tirse v State, UID 2013-048-122 [Ct Cl, Bruning, J., Dec. 13, 2013] quoting Bastian v State of New York, 8 AD3d 764 [3d Dept 2004]). CPLR 3025 (b) also provides that a motion to amend a pleading "shall be accompanied by the proposed amended . . . pleading clearly showing the changes or additions to be made to the pleading."
Claimant's motion papers consist of a Notice of Motion, an "Amended Verified Claim," a Verification and an Affidavit of Service. There is no supporting affidavit setting forth the basis or reason for the proposed amendment nor is there a copy of the filed, original claim. The Court therefore has no way to ascertain what changes or additions are proposed or the merits thereof.
Claimant has not complied with CPLR 3025 (b) as he has not included a proposed amended claim clearly showing the changes or additions to the claim. Therefore, the motion to amend is denied without prejudice.
August 28, 2017
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims The following papers were read and considered by the Court on the claimant's motion for leave to amend his claim: 1. Notice of Motion 2. Responding Affidavit