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.