Opinion
# 2016-015-131 Claim No. 126177 Motion No. M-87850
05-09-2016
ALTYREEK VALENTINE v. THE STATE OF NEW YORK
Altyreek Valentine Honorable Eric T. Schneiderman, Attorney General By: Thomas R. Monjeau, Esquire Assistant Attorney General
Synopsis
Pro se claimant's notice of motion failed to comply with CPLR 2214 requiring that the motion be denied.
Case information
| UID: | 2016-015-131 |
| Claimant(s): | ALTYREEK VALENTINE |
| Claimant short name: | VALENTINE |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126177 |
| Motion number(s): | M-87850 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Altyreek Valentine |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Thomas R. Monjeau, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 9, 2016 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, proceeding pro se, moves for undisclosed relief.
Claimant, an inmate, seeks damages for injuries allegedly inflicted by correction officers on April 15, 2015 and the negligent failure of prison medical staff to provide treatment. Claimant's notice of motion fails to specify the relief he is requesting and defense counsel has assumed in opposition to the motion that he seeks summary judgment.
The claimant's motion is procedurally defective and must be denied. First, the notice of motion fails to specify "the relief demanded and the grounds therefor" as required by CPLR 2214 (a). Second, to the extent claimant may be seeking summary judgment in his favor, he failed to support the motion with copies of the pleadings or an affidavit as required by CPLR 3212 (b).
Accordingly, claimant's motion is denied.
May 9, 2016
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims