Opinion
# 2016-045-002 Claim No. 125102 Motion No. M-87460
03-09-2016
THOMAS HARDIEv. THE STATE OF NEW YORK
Thomas Hardie, Pro Se Hon. Eric T. Schneiderman, Attorney General By: Joan Matalavage, Assistant Attorney General
Synopsis
Pro se motion to enter into a stipulation.
Case information
| UID: | 2016-045-002 |
| Claimant(s): | THOMAS HARDIE |
| Claimant short name: | HARDIE |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125102 |
| Motion number(s): | M-87460 |
| Cross-motion number(s): | |
| Judge: | GINA M. LOPEZ-SUMMA |
| Claimant's attorney: | Thomas Hardie, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Joan Matalavage, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | March 9, 2016 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this motion: Claimant's Notice of Motion For Leave of Court, Claimant's Affidavit in Support with annexed Exhibits 1-3 and Defendant's Affidavit in Opposition.
Claimant, Thomas Hardie, pro se, has brought this motion seeking an order "sustaining the stipulation agreements between the claimant and the Attorney Generals office; Assistant Attorney Joan Matalavages withdrawal of six (6) verified answers in her defense oppositions relating to improper and untimely service, as specified in the annexed affidavit in support of this motion, and for an order for a copy of Attorney Joan Matalavage withdrawal stipulation to be forwarded as soon as practible."
The underlying claim contains various allegations of negligence which occurred when claimant was working in the kitchen at Altona Correctional Facility as a food preparer when he allegedly suffered burns due to a hole in his safety glove. In a previous Decision and Order, filed September 24, 2015, claimant's motion to dismiss defendant's affirmative defenses was granted in part. This Court noted that defendant had agreed to withdraw its affirmative defenses relating to improper and untimely service if claimant stipulates that he is only pursuing a negligence claim. It appears as if claimant is requesting leave of this Court to submit a stipulation, annexed as Exhibit 1, which sets forth that claimant is only pursuing negligence claims in this action. He is also requesting that this Court order the Office of the Attorney General to prepare and send to claimant a stipulation that they are withdrawing the affirmative defenses relating to service.
Defendant opposes the granting of this motion, as unnecessary. Defendant sets forth that it did previously agree to withdraw certain affirmative defenses if claimant limits his claim to one sounding in negligence and that they accept claimant's stipulation.
Leave of the court is not necessary for litigants to enter into stipulations. Stipulations are merely agreements entered into voluntarily by the parties.
Therefore, for the foregoing reasons, claimant's motion is denied.
March 9, 2016
Hauppauge, New York
GINA M. LOPEZ-SUMMA
Judge of the Court of Claims