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Griggs v. State

New York State Court of Claims
May 27, 2015
# 2015-050-022 (N.Y. Ct. Cl. May. 27, 2015)

Opinion

# 2015-050-022 Claim No. 125110 Motion No. M-86363

05-27-2015

PERRY GRIGGS v. THE STATE OF NEW YORK

Perry Griggs, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Richard B. Friedfertig, Assistant Attorney General


Synopsis

Motion by claimant for summary judgment denied because the motion was not supported by an affidavit of service.

Case information


UID:

2015-050-022

Claimant(s):

PERRY GRIGGS

Claimant short name:

GRIGGS

Footnote (claimant name) :

Defendant(s):

THE STATE OF NEW YORK

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

125110

Motion number(s):

M-86363

Cross-motion number(s):

Judge:

STEPHEN J. LYNCH

Claimant's attorney:

Perry Griggs, Pro Se

Defendant's attorney:

Hon. Eric T. Schneiderman, NYS Attorney General By: Richard B. Friedfertig, Assistant Attorney General

Third-party defendant's attorney:

Signature date:

May 27, 2015

City:

Hauppauge

Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

This is a motion by claimant for summary judgment. Although the Notice of Motion indicates that the motion is supported by an affidavit by claimant, it is not. The statement of claimant, though signed, is not sworn to before a notary public (see CPLR 2214; 22 NYCRR §§ 206.8 [a], 206.9 [b]; Siegel, NY Prac § 246 at 429 [5th ed 2011]). Claimant, a prison inmate who is self-represented, is not relieved of the requirements of the laws (see CPLR article 22) and rules (see 22 NYCRR §§ 206.8 [a], 206.9 [b]) by reason of either circumstance or his status. Accordingly, this motion by claimant is denied.

May 27, 2015

Hauppauge, New York

STEPHEN J. LYNCH

Judge of the Court of Claims The following papers were read and considered by the Court on the claimant's motion for summary judgment: 1. Notice of Motion, "Affidavit" in Support with pleadings. 2. Affidavit in Opposition with Exhibits A through D. 3. Claimant's Reply


Summaries of

Griggs v. State

New York State Court of Claims
May 27, 2015
# 2015-050-022 (N.Y. Ct. Cl. May. 27, 2015)
Case details for

Griggs v. State

Case Details

Full title:PERRY GRIGGS v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: May 27, 2015

Citations

# 2015-050-022 (N.Y. Ct. Cl. May. 27, 2015)