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