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DAWES v. STATE OF NY

194 Misc.2d 617 (2003)

755 N.Y.S.2d 221

IAN DAWES, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 102133.)

Court of Claims.

January 14, 2003.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York (Joel Landau of counsel), for claimant.

Eliot Spitzer, Attorney General (James E. Shoemaker of counsel), for defendant.

OPINION OF THE COURT

ALAN C. MARIN, J.

Defendant argues that claimant's motion is procedurally flawed, since it is a motion for leave to reargue under CPLR 2221 and was not made within 30 days of service with notice of entry as required by subdivision (d) (3) of CPLR 2221. CPLR 2221 covers prior orders. The dismissal here was after a trial and hence governed by CPLR 4404 (b), which provides that following a bench trial, the court, by its own initiative or...

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