New York State Court of Claims

New York State Court of Claims

MARTIN v. THE STATE OF NEW YORK, #2000-009-426, Claim No. 97952, Motion No. M-61975


Synopsis


Claimant's motion for trial preference granted.

Case Information

UID:
2000-009-426
Claimant(s):
TANYA MARTIN, TAMARA MARTIN, an infant by her Father and Natural Guardian; WILLIAM MARTIN, and WILLIAM MARTIN, Individually
Claimant short name:
MARTIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97952
Motion number(s):
M-61975
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
ANTHONY F. ENDIEVERI, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Louis J. Tripoli, Esq., Assistant Attorney General, of Counsel.
Third-party defendant's attorney:

Signature date:
August 30, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimants have brought this motion seeking an order granting them a trial preference pursuant to CPLR Rule 3403.

The following papers were considered by the Court in connection with this motion:

Notice of Motion, Affidavit of Tanya Martin, Affidavit of William Martin, Affidavit of Anthony F. Endieveri, Esq., with Exhibits 1,2,3,4


Memorandum of Law 5


Letter dated July 11, 2000 from Louis J. Tripoli, Esq., Assistant Attorney General 6

Upon a review of the affidavits and exhibits submitted with this motion, and there being no opposition from the defendant, the Court has determined that a trial preference should be granted in this action.

Based upon this determination, the Court scheduled a telephone conference with counsel for the parties in hopes of arriving at a mutually agreeable date for the commencement of this trial. Counsel, however, were unable to reach any such agreement.

Accordingly, it is

ORDERED, that Motion No. M-61975 is hereby GRANTED, and claimants are hereby granted a preference for the trial of this claim; and it is further

ORDERED, that the trial of this claim shall be bifurcated, and the trial on liability only shall commence on February 5, 2001, at 10:00 a.m., at the Syracuse Court of Claims. The Court has reserved the dates of February 5, 2001 through February 8, 2001, inclusive, for this trial on liability.


August 30, 2000
Syracuse, New York

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