Opinion
# 2018-015-157 Claim No. 125954 Motion No. M-92314
08-29-2018
AYSHAWN MITCHELL v. STATE OF NEW YORK
Layshawn Mitchell, Pro Se Honorable Barbara D. Underwood, Attorney General By: Christina Calabrese, Esq., Assistant Attorney General
Synopsis
Pro se inmate's motion to schedule settlement conference was denied.
Case information
| UID: | 2018-015-157 |
| Claimant(s): | LAYSHAWN MITCHELL |
| Claimant short name: | MITCHELL |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125954 |
| Motion number(s): | M-92314 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Layshawn Mitchell, Pro Se |
| Defendant's attorney: | Honorable Barbara D. Underwood, Attorney General By: Christina Calabrese, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 29, 2018 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, proceeding pro se, moves for an Order scheduling a settlement conference.
Claimant, an inmate in the custody of the Department of Corrections and Community Supervision (DOCCS), seeks damages for DOCCS' failure to dispense medication to treat his testosterone deficiency. Upon the facts of this case and in light of the defendant's unwillingness to participate in settlement discussions, the Court must deny claimant's motion.
This matter will be scheduled for trial in the order in which the claim was filed. Claimant should be aware that while his present motion purports to set forth the merit of his claim, any proof relied on at the time of trial, unless defendant otherwise agrees, must be in admissible form (see CPLR 4518 [c]). Notably, claims alleging medical malpractice and/or medical negligence require expert medical opinion establishing defendant's alleged negligence or that a deviation from an accepted standard of care caused or contributed to claimant's injuries (Davis v State of New York, 151 AD3d 1411, 1412 (3d Dept 2017]; Wood v State of New York, 45 AD3d 1198 [3d Dept 2007]). Accordingly, the motion is denied.
August 29, 2018
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of Motion, filed May 24, 2018;
2. Document entitled "Argument";
3. Affirmation in Opposition, dated June 4, 2018.