Opinion
# 2017-053-580 Claim No. 120627 Claim No. 120970 Motion No. M-90895
12-06-2017
DONALD MACK BENNETT v. THE STATE OF NEW YORK
DONALD MACK BENNETT, Pro Se HON. ERIC T. SCHNEIDERMAN New York State Attorney General BY: Michael T. Feeley, Esq. Assistant Attorney General
Synopsis
This pro se inmate's motion seeking to compel the State to settle his claim alleging medical and/or negligent malpractice is denied as a party may not be compelled to negotiate a settlement. As this is the second time that claimant has moved to compel a settlement, claimant is cautioned for the last time that the Court will not tolerate any further frivolous motions.
Case information
| UID: | 2017-053-580 |
| Claimant(s): | DONALD MACK BENNETT |
| Claimant short name: | BENNETT |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | Both claims have previously been amended to reflect the State of New York as the only proper defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 120627, 120970 |
| Motion number(s): | M-90895 |
| Cross-motion number(s): | |
| Judge: | J. DAVID SAMPSON |
| Claimant's attorney: | DONALD MACK BENNETT, Pro Se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN New York State Attorney General BY: Michael T. Feeley, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | December 6, 2017 |
| City: | Buffalo |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant Donald Mack Bennett, an inmate proceeding pro se, seeks to recover damages in claim no. 120627 for alleged medical and/or negligent malpractice which allegedly occurred while he was incarcerated at Lakeview Correctional Facility (Lakeview). Claimant also seeks to recover damages in claim no. 120970 for an alleged assault and battery that occurred on or about January 23, 2012 while he was incarcerated at Lakeview. By his present motion, claimant seeks to "Decide on a Settlement / Against New York State Employees . . . or To Proceed With Trial / thru also Tele-Phone, Conference (sic)."
To the extent claimant's motion seeks to compel a settlement of claim nos. 120627 and 120970, it must be denied. A party may not be compelled to negotiate a settlement (see Caldwell v Queens-Long Is. Med. Group, P.C., 17 AD3d 499 [2d Dept 2005]; Gruskin v Edelstein, 174 AD2d 649 [2d Dept 1991]. This is the second time claimant has moved to compel a settlement of the same two claims (see Bennett v State of New York, defendant's exhibit B). Accordingly, claimant is cautioned for the last time that the Court will not tolerate further frivolous motions.
Insofar as claimant's motion could be interpreted as requesting a conference and an immediate trial, it is also denied. Claimant has set forth no basis by which he would be entitled to a trial preference pursuant to CPLR 3403. Claims will generally be tried in the order in which they are filed.
Based on the foregoing, Claimant's motion no, M-90895 is denied in its entirety.
December 6, 2017
Buffalo, New York
J. DAVID SAMPSON
Judge of the Court of Claims The following were read and considered by the Court: 1. Notice of motion and unsworn statement of Donald Mack Bennett dated June 7, 2017; 2. Opposing affidavit of Assistant Attorney General Michael T. Feeley sworn to on August 29, 2017, with annexed Exhibits A-B.