Opinion
# 2020-028-524 Claim No. 130797 Motion No. M-95614
09-23-2020
SHAWN WHITE v. THE STATE OF NEW YORK
SHAWN WHITE, PRO SE HON. LETITIA JAMES, ATTORNEY BY: Elizabeth A. Gavin, Esq. Assistant Attorney General
Synopsis
Case information
| UID: | 2020-028-524 |
| Claimant(s): | SHAWN WHITE |
| Claimant short name: | WHITE |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 130797 |
| Motion number(s): | M-95614 |
| Cross-motion number(s): | |
| Judge: | RICHARD E. SISE |
| Claimant's attorney: | SHAWN WHITE, PRO SE |
| Defendant's attorney: | HON. LETITIA JAMES, ATTORNEY BY: Elizabeth A. Gavin, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | September 23, 2020 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read on claimant's motion to restore the claim to the trial calendar:
1. Notice of Motion filed May 26, 2020;
2. Affidavit of Shawn White sworn to April 7, 2020;
3. Letter of Elizabeth A. Gavin dated August 11, 2020.
Filed papers: Claim; Answer; Order filed February 9, 2018.
In February 2018 an order was filed denying claimant's request for a reduction in the filing fee required by Court of Claims Act § 11-a (1). The order instructed claimant to pay the fee within 120 days of the filing of the order and directed the Clerk of the Court to close the file in the event that claimant did not pay the fee within that time. The fee was not paid and the file was closed. Claimant has now moved to have the claim restored alleging that he was not familiar with the procedures and did not understand the law. Based on claimant's demonstrated willingness and ability to pay the filing fee, and in the absence of any opposition from defendant, the claim should be restored.
Claimant submitted funds sufficient to cover the filing fee with the current motion but the Clerk may not apply the funds until the claim was restored. --------
Accordingly, it is
ORDERED, that the motion to have the claim restored to the trial calendar is granted upon deposit of the filing fee.
September 23, 2020
Albany, New York
RICHARD E. SISE
Judge of the Court of Claims