New York State Court of Claims

New York State Court of Claims

CARNES v. THE STATE OF NEW YORK, #2000-015-108, Claim No. 102772, Motion No. M-62249


Synopsis


Infant's personal injury claim dismissed upon consent of parent/natural guardian and attorney.

Case Information

UID:
2000-015-108
Claimant(s):
MARILYN CARNES, as Parent and Natural Guardian of ANDREW CARNES, an Infant, and MARILYN CARNES, Individually,
Claimant short name:
CARNES
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court sua sponte amends the caption to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102772
Motion number(s):
M-62249
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
O'Connell and Aronowitz, P.C.By: Bradley A. Sherman, Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
December 12, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Upon consent of the parties, the defendant's motion to dismiss the claim for lack of jurisdiction pursuant to CPLR 3211 (a) (2) and (8) is granted.


December 12, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated August 23, 2000;
  2. Affirmation of Belinda A. Wagner dated August 23, 2000 with exhibits;
  3. Affidavit of Marilyn Carnes sworn to October 18, 2000;
  4. Affirmation of Bradley A. Sherman dated October 5, 2000;