Opinion
# 2021-032-012 Claim No. 131671 Motion No. M-95861
01-13-2021
JERMAINE BARNES v. STATE OF NEW YORK
Jermaine Barnes, Pro Se Hon. Letitia James, Attorney General By: Christina Calabrese, AAG
Synopsis
Claimant's motion for a default judgment is denied.
Case information
| UID: | 2021-032-012 |
| Claimant(s): | JERMAINE BARNES |
| Claimant short name: | BARNES |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131671 |
| Motion number(s): | M-95861 |
| Cross-motion number(s): | |
| Judge: | JUDITH A. HARD |
| Claimant's attorney: | Jermaine Barnes, Pro Se |
| Defendant's attorney: | Hon. Letitia James, Attorney General By: Christina Calabrese, AAG |
| Third-party defendant's attorney: | |
| Signature date: | January 13, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an inmate proceeding pro se, filed the instant claim on July 7, 2018 alleging a claim for wrongful confinement. Claimant now moves for a default judgment. Defendant opposes the motion.
Court of Claims Act § 12 (a) provides that "[n]o judgment shall be granted on any claim against the State except upon such legal evidence as would establish liability against an individual or corporation in a court of law or equity" (Court of Claims Act § 12 [1]). This statute prohibits the granting of default judgments against the State (see Odiot v State of New York, UID No. 2020-038-508 [Ct Cl, DeBow, J., Jan. 23, 2020]; Massiah v State of New York, UID No. 2018-053-503 [Ct Cl, Sampson, J., Jan. 8, 2018]; Galunas v State of New York, UID No. 2016-044-567 [Ct Cl, Schaewe, J., Dec. 14, 2016]; Antonetti v State of New York, UID No. 2009-030-527 [Ct Cl, Scuccimarra, J., Apr. 29, 2009]). Moreover, defendant timely filed an answer to the claim on August 3, 2018.
Based upon the foregoing, claimant's motion for a default judgment (M-95861) is DENIED.
January 13, 2021
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims Papers Considered: 1. Notice of Motion, dated July 1, 2020; Affidavit in Support of Motion, dated July 1, 2020. 2. Affirmation in Opposition, affirmed by Christina Calabrese, AAG on September 24, 2020.