Opinion
# 2015-010-018 Claim No. 125238 Motion No. M-86293
03-19-2015
LUIS RAMOS v. THE STATE OF NEW YORK
LUIS RAMOS Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: John Healey, Assistant Attorney General
Synopsis
Claimant's motion to strike defendant's answer and for judgment in favor of claimant DENIED. Claimant does not offer any evidentiary support or any persuasive legal authority to support his motion. Thus, the Court finds that claimant has failed to meet his burden of establishing that defendant's answer should be stricken because the affirmative defenses are "without merit as a matter of law"
Case information
UID: | 2015-010-018 |
Claimant(s): | LUIS RAMOS |
Claimant short name: | RAMOS |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 125238 |
Motion number(s): | M-86293 |
Cross-motion number(s): | |
Judge: | Terry Jane Ruderman |
Claimant's attorney: | LUIS RAMOS Pro Se |
Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: John Healey, Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | March 19, 2015 |
City: | White Plains |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
The following papers numbered 1-3 were read and considered by the Court on claimant's motion to strike defendant's answer and for judgment in favor of claimant:
Notice of Motion, Claimant's Supporting Affidavit and Exhibits, Notice of Cross-Motion, Claimant's Supporting Affidavit................................................................1
Affirmation in Opposition........................................................................................2
Claimant's Reply Affidavit........................................................................................3
Claim No. 125238 alleges that claimant was wrongfully confined after he was found guilty of prison violations alleged in a misbehavior report that was issued to him on June 24, 2013 at Sing Sing Correctional Facility. A disciplinary hearing concluded on August 29, 2013 and claimant was sentenced to six months in the special housing unit and a loss of privileges. A Notice of Intention to File a Claim was served upon defendant on October 9, 2014. Defendant rejected the notice because it was unverified. On October 20, 2014, claimant reserved a notice of intention with a verification. On November 10, 2014, claimant served defendant with a claim and filed a claim with the Court. Defendant served and filed an answer.
Claimant moves to strike defendant's answer "because of their belated, non-responsive, false and misleading response and objections to claimant's claims" (Claimant's Reply, ¶ 5). Claimant does not offer any evidentiary support or any persuasive legal authority to support his motion. Thus, the Court finds that claimant has failed to meet his burden of establishing that defendant's answer should be stricken because the affirmative defenses are "without merit as a matter of law" (Family-Friendly Media, Inc. v Recorder Tel. Network, 74 AD3d 738, 739 [2d Dept 2010], quoting Vita v New York Waste Servs., LLC, 34 AD3d 559 [2d Dept 2006]). Additionally, to the extent that claimant seeks judgment in his favor, as the proponent of a summary judgment motion, he has not made a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of any material issues of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). It is further noted that the "[f]ailure to make such [a] prima facie showing requires a denial of the motion regardless of the sufficiency of the opposing papers"(Alvarez v Prospect Hosp., 68 NY2d at 324; see Winegrad v New York Univ. Med. Ctr., 64 NY2d at 853).
Accordingly, claimant's motion is DENIED in its entirety.
March 19, 2015
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims