Green v. State

Appeal from a judgment of the Court of Claims (Schaewe, J.), entered November 29, 2006, which denied claimant’s motion for summary judgment in lieu of complaint.

Claimant, a prison inmate, filed a motion for summary judgment in lieu of complaint seeking to recover for the alleged loss of personal property during the course of a transfer for a court appearance. Defendant opposed the motion contending, among other things, that a motion pursuant to CPLR 3213 was inappropriate in light of the relief sought by claimant. The Court of Claims denied claimant’s motion finding, among other things, that…