Opinion
# 2015-045-005 Claim No. 119696 Motion No. M-85916
02-25-2015
HENRY R. TERRY v. THE STATE OF NEW YORK
Henry R. Terry, pro se Hon. Eric T. Schneiderman, Attorney General By: Lori L. Pack, Assistant Attorney General
Synopsis
Defendant's motion to dismiss the sixth and seventh amended claims and also seeking a filing injunction.
Case information
| UID: | 2015-045-005 |
| Claimant(s): | HENRY R. TERRY |
| Claimant short name: | TERRY |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 119696 |
| Motion number(s): | M-85916 |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Henry R. Terry, pro se |
|---|---|
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Lori L. Pack, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 25, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this Motion: Defendant's Notice of Motion to Dismiss the Amended Claim and For a Filing Injunction and Defendant's Affirmation in Support with Annexed Exhibits A-F.
Claimant did not submit any opposition to this motion. To the extent that defendant's motion seeks to dismiss the sixth and seventh amended claims, the motion is unnecessary as the underlying claim in this matter numbered 119696 was dismissed by this Court on May 1, 2013. The portion of defendant's motion seeking a filing injunction is hereby granted. Claimant was forewarned by this Court in its previous Decisions and Orders that the continued filing of palpably improper documents in this action would result in appropriate sanctions. Despite these admonitions, claimant has continued to file amended claims despite the fact that this Court previously dismissed the underlying claim. Claimant is thus enjoined from filing any further pleadings to this closed claim.
Therefore, for the foregoing reasons, defendant's motion seeking a filing injunction is granted and the portion seeking dismissal of claimant's sixth and seventh amended claims is denied as unnecessary.
February 25, 2015
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims