Opinion
523679
01-11-2018
Alvin BURNSIDE, Appellant, v. STATE of New York, Respondent.
Alvin Burnside, Attica, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Alvin Burnside, Attica, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Lynch, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
McCarthy, J.P. Appeal from an order of the Court of Claims (Milano, J.), entered August 15, 2016, which denied claimant's motion for summary judgment.
Claimant, a prison inmate, brought this claim to recover for, among other things, the alleged loss of personal property that occurred during the course of his transfer to another correctional facility. Following joinder of issue, claimant moved for summary judgment, and defendant opposed that motion. The Court of Claims denied claimant's motion finding that claimant's motion papers were deficient. This appeal by claimant ensued.
We affirm. Inasmuch as the record reflects that claimant's original moving papers did not include either a copy of his claim or defendant's answer, his motion for summary judgment was properly denied for failing to include the pleadings as required by statute (see CPLR 3212[b] ; Davis v. State of New York, 151 A.D.3d 1411, 1412, 58 N.Y.S.3d 649 [2017] ; Weinstein v. Gindi, 92 A.D.3d 526, 527, 938 N.Y.S.2d 538 [2012] ; Senor v. State of New York, 23 A.D.3d 851, 852, 803 N.Y.S.2d 823 [2005] ; compare Bagley v. Moffett, 107 A.D.3d 1358, 1359–1360, 969 N.Y.S.2d 184 [2013] ). Accordingly, we decline to disturb the denial of claimant's motion for summary judgment.
Although claimant attempted to cure the defect by attaching a copy of his claim to his affirmation in reply to defendant's opposition to his motion, he still failed to attach a copy of the answer.
ORDERED that the order is affirmed, without costs.
Egan Jr., Lynch, Devine and Pritzker, JJ., concur.