Opinion
# 2021-015-011 Claim No. 135057 Motion No. M-96042 Motion No. M-96043
01-22-2021
AMY R. GURVEY v. THE STATE OF NEW YORK
Amy R. Gurvey, pro se Honorable Letitia James, Attorney General By: Anthony Rotondi, Esq., Assistant Attorney General
Synopsis
The parties' dispositive motions were both denied, the claimant's request to withdraw her claim without prejudice was granted, and the claim was dismissed without prejudice.
Case information
| UID: | 2021-015-011 |
| Claimant(s): | AMY R. GURVEY |
| Claimant short name: | GURVEY |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 135057 |
| Motion number(s): | M-96042, M-96043 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Amy R. Gurvey, pro se |
| Defendant's attorney: | Honorable Letitia James, Attorney General By: Anthony Rotondi, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 22, 2021 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
On July 16, 2020, claimant filed what she refers to as a "Monell claim" seeking damages for ongoing violations of her constitutional rights. By Notice of Motion dated October 13, 2020 (Motion No. M-96042), defendant moved to dismiss the claim based on lack of subject matter jurisdiction. On October 23, 2020, claimant served a Motion For Judgment On The Pleadings (motion No. M-96043), which defendant opposed by filing an Affirmation In Opposition on November 12, 2020. By letter dated November 8, 2020, claimant purported to withdraw the instant claim (claim No. 135057), as well as claim number 134439 "without prejudice" (claimant's letter to the Clerk of the Court of Claims dated Nov. 8, 2020). Accordingly, claim number 135057 is dismissed, without prejudice, and both claimant's and defendant's motions (motion No. M-96043 and motion No. 96042) are denied as moot.
Claim number 134439 was previously dismissed. --------
January 22, 2021
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered: M-96042
1. Notice of Motion to Dismiss dated October 13, 2020;M-96043
2. Affirmation dated October 13, 2020, with Exhibits A and B;
3. Correspondence from claimant dated November 8, 2020, with attachments.
1. Notice of motion dated October 20, 2020, with attachments;
2. Affirmation in Opposition dated November 12, 2020.