Opinion
# 2019-015-109 Claim No. 131270 Motion No. M-93082
01-30-2019
DARRYL WILLIAMS v. THE STATE OF NEW YORK
Darryl Williams, Pro se Honorable Letitia James, Attorney General By: Glenn C. King, Esq., Assistant Attorney General
Synopsis
Pro se inmate's motion to amend his claim to attach exhibits was denied as unnecessary.
Case information
| UID: | 2019-015-109 |
| Claimant(s): | DARRYL WILLIAMS |
| Claimant short name: | WILLIAMS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131270 |
| Motion number(s): | M-93082 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Darryl Williams, Pro se |
| Defendant's attorney: | Honorable Letitia James, Attorney General By: Glenn C. King, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 30, 2019 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant moves to amend his claim in order to attach various exhibits thereto.
The law is settled that absent prejudice to the opposing party, motions to amend pleadings are to be freely granted, " 'unless the proposed amendment is palpably insufficient or patently devoid of merit' " (NYAHSA Servs., Inc., Self-Ins. Trust v People Care Inc., 156 AD3d 99, 102 [3d Dept 2017]; Yong Soon Oh v Hua Jin, 124 AD3d 639, 640 [2d Dept 2015]). The proposed amendment here is patently lacking in merit as the submission of exhibits together with the claim is unnecessary. The documentary evidence claimant seeks to attach to the claim may be offered into evidence in admissible form at the time of trial (see CPLR 4518). A motion to amend the claim is not the appropriate procedural vehicle to accomplish this goal.
Accordingly, claimant's motion is denied.
January 30, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of Motion dated October 31, 2018;
2. Affidavit in support sworn to October 31, 2018, with Exhibits A-L;
3. Affirmation in opposition dated November 28, 2018.