New York State Court of Claims

New York State Court of Claims

SCHEIDEL v. THE STATE OF NEW YORK, #2000-009-403, Claim No. 96165, Motion No. M-61474


Synopsis


Claimant's motion to strike his previously filed note of issue is granted, without opposition.

Case Information

UID:
2000-009-403
Claimant(s):
STEPHEN L. SCHEIDEL
Claimant short name:
SCHEIDEL
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96165
Motion number(s):
M-61474
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY, JR.
Claimant's attorney:
SCOLARO, SHULMAN, COHEN,
LAWLER & BURSTEIN, P.C.
BY: Neil M. Gingold, Esq., Of Counsel.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Winthrop H. Thurlow, Esq.,
Assistant Attorney General, Of Counsel.
Third-party defendant's attorney:

Signature date:
May 4, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has brought this motion seeking an order striking the note of issue which was previously filed in this action.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affidavit in Support 1,2


Memorandum of Law 3

A note of issue and certificate of readiness was filed in this action on February 2, 2000. Pursuant to the Uniform Rules for the Court of Claims, § 206.12(d), after 20 days from service a motion of any party to strike a note of issue may only be brought for good cause shown.

By this application, claimant seeks to strike the note of issue so that an additional deposition (or depositions) may be held. Claimant's counsel, in his supporting affidavit, asserts that the necessity for such a deposition was only discovered subsequent to the filing of the note of issue.

The Court notes that defendant has not submitted any opposition to the relief sought herein.

Based on the submitted papers, the Court determines that claimant has established good cause for striking the previously filed note of issue.

Additionally, the Court notes that this claim has been scheduled for a calendar call and conference on May 16, 2000, at which time dates for completion of the additional deposition or depositions, as well as re-filing of the note of issue, will be established.

Accordingly, it is

ORDERED, that Motion No. 61474 is hereby GRANTED; and it is further

ORDERED, that the note of issue and certificate of readiness previously filed in this claim is hereby stricken.

May 4, 2000
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims