Opinion
# 2019-053-512 Claim No. 131376 Motion No. M-93382
03-14-2019
RONNIE WOODY v. THE STATE OF NEW YORK
RONNIE WOODY, Pro Se HON. LETITIA JAMES New York State Attorney General BY: Darren Longo, Esq. Assistant Attorney General
Synopsis
Claimant's motion seeking permission to file an amended claim and a supplemental claim are denied without prejudice for failure to serve his motion papers upon the State in accordance with CPLR 2214 (b). Even if properly served, claimant's motion would be denied as it failed to comply with CPLR 3025 (b).
Case information
| UID: | 2019-053-512 |
| Claimant(s): | RONNIE WOODY |
| Claimant short name: | WOODY |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131376 |
| Motion number(s): | M-93382 |
| Cross-motion number(s): | |
| Judge: | J. DAVID SAMPSON |
| Claimant's attorney: | RONNIE WOODY, Pro Se |
| Defendant's attorney: | HON. LETITIA JAMES New York State Attorney General BY: Darren Longo, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | March 14, 2019 |
| City: | Buffalo |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant Ronnie Woody, an inmate proceeding pro se, alleges in claim no. 131376 that he was assaulted on December 15, 2017 by unidentified correction officers while he was incarcerated at Gowanda Correctional Facility (Gowanda). Claimant brings motion no. M-93382 seeking permission to file both an amended claim and a supplemental claim. Defendant opposes the motion on the grounds that it was never served with a copy of claimant's motion papers.
Pursuant to CPLR 2214 (b), motion papers are to be served upon the opposing party. The failure to serve motion papers is reason enough to deny the motion (Jackson v State of New York, UID No. 2013-028-534 [Ct Cl, Sise, J., Dec.4, 2013]). Attached to claimant's motion papers, however, is an affidavit of service sworn to on December 26, 2018. According to this affidavit of service, a copy of the motion papers was sent to Assistant Attorney General Darren Longo (AAG Longo). The Court was advised by AAG Longo in a letter dated February 8, 2019 that for whatever reason, these papers did not reach him.
Were the Court to ignore the question of service of the motion and address the merits of the motion, claimant's motion would still be denied. CPLR 3025 (b) provides that "[a] party may amend his or her pleading, or supplement it by setting forth additional or subsequent transactions or occurrences . . . ". Leave to amend or supplement a claim shall be freely given upon such terms as may be just unless the proposed amendment lacks merit or would subject "the nonmoving party to suffer prejudice or undue surprise" (Bastian v State of New York, 8 AD3d 764, 765 [3d Dept 2004]). It is within the Court's discretion to grant or deny such a request (J.B. Stauffer Constr. Co., Inc. v Mailloux, 35 AD3d 1207 (4th Dept 2006]).
CPLR 3025 (b) further provides that "[a]ny motion to amend or supplement pleadings shall be accompanied by the proposed amended or supplemental pleading clearly showing the changes or additions to be made to the pleading." Attached to the claimant's motion is a copy of the claim as filed, a separate copy of a purported amended claim, and a third separate claim purporting to be a supplemental claim. It is impossible to discern from these various pleadings what parts of either the amended or supplemental purported claims are intended to amend or supplement the original claim or to determine what parts of the original claim are meant to be retained. Claimant's motion should contain one proposed claim intended to amend and/or supplement the original claim that includes the allegations from the original claim that claimant intends to keep and which clearly shows what changes or additions are to be made to the original claim (see Gajadhar v State of New York, UID No. 2018-038-569 [Ct Cl, DeBow, J., July 30, 2018]).
Accordingly, claimant's motion no. M-93382 is denied without prejudice to bringing a subsequent motion to amend or supplement that is served upon the Office of the Attorney General and which complies with the requirements of CPLR 3025 (b).
March 14, 2019
Buffalo, New York
J. DAVID SAMPSON
Judge of the Court of Claims The following were read and considered by the Court: 1. Notice of motion and supporting affidavit of Ronnie Woody sworn to December 26, 2018, with attached exhibits; and 2. Letter from Assistant Attorney General Darren Longo dated February 8, 2019.