Opinion
# 2015-041-038 Claim No. 124411 Motion No. M-86333
05-21-2015
ANTHONY ORR v. THE STATE OF NEW YORK
ANTHONY ORR Pro Se HON. ERIC T. SCHNEIDERMAN New York State Attorney General By: Anthony Rotondi, Esq. Assistant Attorney General
Synopsis
Claimant's application for trial preference is denied.
Case information
| UID: | 2015-041-038 |
| Claimant(s): | ANTHONY ORR |
| Claimant short name: | ORR |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124411 |
| Motion number(s): | M-86333 |
| Cross-motion number(s): | |
| Judge: | FRANK P. MILANO |
| Claimant's attorney: | ANTHONY ORR Pro Se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN New York State Attorney General By: Anthony Rotondi, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 21, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an inmate at Great Meadow Correctional Facility, moves for an order "directing that this action be placed on the calendar . . . for trial." Claimant apparently seeks a trial preference.
Defendant opposes the claimant's motion.
Trial preferences are governed by CPLR 3403 which provides as follows:
"Civil cases shall be tried in the order in which notes of issue have been filed, but the following shall be entitled to a preference:
1. an action brought by or against the state, or a political subdivision of the state, or an officer or board of officers of the state or a political subdivision of the state, in his or its official capacity, on the application of the state, the political subdivision, or the officer or board of officers;
2. an action where a preference is provided for by statute; and
3. an action in which the interests of justice will be served by an early trial.
4. in any action upon the application of a party who has reached the age of seventy years.
5. an action to recover damages for medical, dental or podiatric malpractice.
6. an action to recover damages for personal injuries where the plaintiff is terminally ill and alleges that such terminal illness is a result of the conduct, culpability or negligence of the defendant."
Claimant has failed to allege or prove that he is entitled to a trial preference on any of the grounds set forth in CPLR 3403.
The claimant's motion for an order granting a trial preference is denied.
May 21, 2015
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
Papers Considered:
1. Claimant's Notice of Motion For Trial, filed February 9, 2015;
2. Affidavit of Anthony Orr, sworn to January 27, 2015, and attachments;
3. Affirmation of Anthony Rotondi, dated February 24, 2015.