Opinion
# 2013-040-065 Claim No. 122884 Motion No. M-83904
09-24-2013
JOSE TURPEAU v. THE STATE OF NEW YORK
Synopsis
Motion to amend Claim denied.
Case information
UID: 2013-040-065 Claimant(s): JOSE TURPEAU Claimant short name: TURPEAU Footnote (claimant name) : Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 122884 Motion number(s): M-83904 Cross-motion number(s): Judge: CHRISTOPHER J. McCARTHY Claimant's attorney: Jose Turpeau, Pro Se ERIC T. SCHNEIDERMAN Defendant's attorney: Attorney General of the State of New York By: Douglas R. Kemp, Esq., AAG Third-party defendant's attorney: Signature date: September 24, 2013 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
For the reasons set forth below, the motion of Claimant, Jose Turpeau, appearing pro se, to amend his Claim is denied.
This pro se Claim was filed in the office of the Clerk of the Court on June 24, 2013 and alleges that, on December 17, 2012, at approximately 12:45 p.m. at Greene Correctional Facility located in Coxsackie, New York (hereinafter Greene), Claimant was placed in the Special Housing Unit (hereinafter SHU) after being charged with violating four of the Department of Corrections and Community Supervision rules. A disciplinary hearing was commenced on December 27, 2012 and completed on January 3, 2013. Claimant asserts that he was found guilty on all the charges and, among other penalties, was ordered confined to SHU for 18 months. Claimant asserts that he filed an administrative appeal and that, on February 15, 2013, the Hearing Officer's determination was reversed. Claimant further asserts that he was not released from SHU until February 21, 2013. Claimant asserts that he was wrongfully confined, was illegally detained and suffered mental anguish as a result of this incident.
In his Notice of Motion, Claimant asserts that he just recently received the necessary medical record that will support his contention that he was injured after being assaulted during the fight for which he received the misbehavior report . Claimant attached copies of two pages of his Ambulatory Health Record (hereinafter AHR) to his motion to show that he was injured.
CPLR 3025(b) 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, two pages of his AHR and an Affidavit of Service. He has not complied with CPLR 3025(b) as he has not included a proposed amended Claim. Therefore, the motion to amend is denied.
September 24, 2013
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims
The following papers were read and considered by the Court on Claimant's motion to amend the Claim:
Papers Numbered
Notice of Motion & Exhibit attached 1
Attorney Affirmation 2
Claimant's Reply 3
Filed Papers: Claim, Answer