Trzecieski v. State

Claimant is unhappy over our dismissal of his claim reported in 2 Mise 2d 1065. He has appealed, which is right and proper. But he has also moved before this court for “resettlement” of the order of dismissal and “to add thereto permission to serve an Amended Claim in the form hereto attached.” A proposed amended pleading is presented with the notice of motion. The Attorney-General opposes this application.

The proposed amended claim omits the following sentence originally pleaded: “ The claimant does not know whether the failure to test was deliberate or negligent and therefore alleges both…