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Nicholson v. State

New York State Court of Claims
Jan 12, 2015
# 2015-050-003 (N.Y. Ct. Cl. Jan. 12, 2015)

Opinion

# 2015-050-003 Claim No. 123540 Motion No. M-85984

01-12-2015

KENNETH NICHOLSON v. THE STATE OF NEW YORK

Kenneth Nicholson, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Wendy E. Morcio, Assistant Attorney General


Synopsis

Claimant moves for summary judgment. The motion is denied by the defendant. The original motion papers submitted by claimant did not include a copy of the answer and the Court concludes that the movant's initial burden was not met.

Case information

UID:

2015-050-003

Claimant(s):

KENNETH NICHOLSON

Claimant short name:

NICHOLSON

Footnote (claimant name) :

Defendant(s):

THE STATE OF NEW YORK

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

123540

Motion number(s):

M-85984

Cross-motion number(s):

Judge:

STEPHEN J. LYNCH

Claimant's attorney:

Kenneth Nicholson, Pro Se

Defendant's attorney:

Hon. Eric T. Schneiderman, NYS Attorney General By: Wendy E. Morcio, Assistant Attorney General

Third-party defendant's attorney:

Signature date:

January 12, 2015

City:

Hauppauge

Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

In this action for damages brought by an inmate of the Great Meadow Correctional Facility. Claimant moves for summary judgment. The motion is opposed by the defendant.

One seeking the drastic relief (see Drever v State of New York, 45 Misc 3d 224 [Ct Cl 2014]) of summary judgment is required to demonstrate in the first instance, that is, upon the papers submitted in support of the motion, entitlement to judgment as a matter of law. This is referred to as the movant's "initial burden" on a motion pursuant to CPLR 3212. That statute expressly requires, at subdivision "b" thereof, that the motion be supported, inter alia, by "copies of the pleadings" (CPLR 3212 [b]). Here, the original motion papers submitted by claimant did not include copies of the pleadings and the Court concludes that the movant's initial burden was not met. Accordingly, the motion is denied.

January 12, 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

2. Affidavit in Opposition with Exhibit A.


Summaries of

Nicholson v. State

New York State Court of Claims
Jan 12, 2015
# 2015-050-003 (N.Y. Ct. Cl. Jan. 12, 2015)
Case details for

Nicholson v. State

Case Details

Full title:KENNETH NICHOLSON v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: Jan 12, 2015

Citations

# 2015-050-003 (N.Y. Ct. Cl. Jan. 12, 2015)