Opinion
# 2019-032-013 Claim No. 127038 Motion No. M-92943
03-20-2019
HASHIM MATTHEWS v. THE STATE OF NEW YORK
Hashim Matthews, Pro Se Hon. Letitia James, Attorney General By: Ray A. Kyles, Assistant Attorney General
Synopsis
Claimant's motion to consolidate two claims is denied as moot where second claim was dismissed after trial.
Case information
| UID: | 2019-032-013 |
| Claimant(s): | HASHIM MATTHEWS |
| Claimant short name: | MATTHEWS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 127038 |
| Motion number(s): | M-92943 |
| Cross-motion number(s): | |
| Judge: | JUDITH A. HARD |
| Claimant's attorney: | Hashim Matthews, Pro Se |
| Defendant's attorney: | Hon. Letitia James, Attorney General By: Ray A. Kyles, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | March 20, 2019 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an inmate proceeding pro se, brings the instant claim for damages as a result of the confiscation of a package of food brought to Great Meadow Correctional Facility by claimant's family. Claimant alleges that correction staff confiscated the package and failed to return it to either him or his family members. Claimant now moves to consolidate the instant claim with claim number 127039. Defendant opposes the motion.
As an initial matter, the Court notes that defendant alleges that the motion should be denied because claimant failed to serve the motion papers on the Attorney General. However, a properly-executed Affidavit of Service is attached to claimant's motion and defendant has not provided the Court with an affidavit from someone with personal knowledge of the mail intake procedures at the Attorney General's office (see McCoy v State of New York, UID No. 2014-039-433 [Ct Cl, Ferreira, J., Nov. 21, 2014]). Claimant's Affidavit of Service raises the presumption of proper service, and defendant has failed to provide the Court with evidence to rebut the presumption of proper service (see Lee v State of New York, UID No. 2015-018-624 [Ct Cl, Fitzpatrick, J., June 4, 2015]; see also Hodge v State of New York, 158 Misc 2d 438 [Ct Cl 1993]). Accordingly, the Court declines to deny claimant's motion on this ground.
Claimant seeks to consolidate the instant claim with claim number 127039. Claim number 127039 proceeded to trial on November 8, 2018 and was dismissed by Judge Walter Rivera of this Court on the same date (Matthews v State of New York, UID No. 2018-054-112 [Ct Cl, Rivera, J., Nov. 8, 2018]). Accordingly, claimant's motion to consolidate the instant claim with claim number 127039 is moot.
Based upon the foregoing, claimant's motion (M-92943) is DENIED.
March 20, 2019
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims Papers Considered: 1. Verified Claim, filed on November 12, 2015. 2. Motion for Case Consolidation, dated October 6, 2018; and Affidavit in Support of Motion for Case Consolidation, affirmed by claimant on October 6, 2018. 3. Affirmation in Opposition to Consolidate Claims, affirmed by Ray A. Kyles, AAG on November 23, 2018.