New York State Court of Claims

New York State Court of Claims

CUTULI v. THE STATE OF NEW YORK, #2000-009-405, Claim No. 99185, Motion No. M-61476


Synopsis


Defendant seeks to compel claimant to attend an examination before trial. Twenty day conditional order granted, without opposition.

Case Information

UID:
2000-009-405
Claimant(s):
JOELLE CUTULI
Claimant short name:
CUTULI
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99185
Motion number(s):
M-61476
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY, JR.
Claimant's attorney:
BY: JOSEPH G. RODAK, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Roger B. Williams, 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


Defendant has brought this motion to compel the claimant to schedule and attend an examination before trial.

Defendant has established due service of the demand for which this motion is brought, as well as compliance with § 206.8(b) of the Uniform Rules for the Court of Claims. Claimant has not submitted any papers in opposition to this motion.

The Court notes that this claim is scheduled for a calendar call and conference to be held on June 1, 2000, which was scheduled prior to the Court's receipt of the instant motion. Counsel for the parties are advised that this claim remains on the Court calendar as scheduled for June 1, 2000, at which time the Court intends to set dates for the completion of discovery and filing of a note of issue and certificate of readiness.

Accordingly, it is

ORDERED, that Motion No. 61476 is hereby GRANTED; and it is further

ORDERED, that claimant is hereby compelled and directed to schedule and attend an examination before trial at a date and time to be agreed upon by the parties, no later than 20 days from the service of a copy of this order with notice of entry upon claimant; and it is further

ORDERED, that claimant is hereby precluded from offering any evidence or testimony in support of this claim, unless, within 20 days from service of a copy of this order with notice of entry upon claimant, the claimant schedules and attends such examination before trial.


May 4, 2000
Syracuse, New York

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