New York State Court of Claims

New York State Court of Claims

KINGE v. THE STATE OF NEW YORK, #2001-009-004, Claim No. 88273, Motion No. M-62571


Synopsis


Claimant's motion requesting an order extending the time in which she is required to serve and file a note of issue was granted.

Case Information

UID:
2001-009-004
Claimant(s):
SHIRLEY TURNER KINGE
Claimant short name:
KINGE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
88273
Motion number(s):
M-62571
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
GALASSO, LANGIONE & GOIDELL
BY: Mark E. Goidell, Esq.,Of Counsel.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Roger B. Williams, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:

Signature date:
February 7, 2001
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The Court has before it a request by claimant to extend the time by which claimant may serve


and file a note of issue and certificate of readiness.


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

A scheduling order previously issued by this Court, and currently in effect, requires a note of issue to be filed by February 28, 2001. Counsel for the parties have entered into a stipulation (see Exhibit A) in which they have agreed to extend this date.

Furthermore, the Court is aware that claimant has filed a motion[1] pertaining to disclosure, which is returnable on February 21, 2001. The deadline for serving a note of issue, therefore, should be extended pending the consideration and determination of this motion.

Accordingly, since there is no opposition to the relief requested herein, and also due to the fact that there is an outstanding motion returnable February 21, 2001, it is

ORDERED, that Motion No. M-62571 is hereby GRANTED; and it is further

ORDERED, that claimant shall serve and file a note of issue and certificate of readiness on or before May 31, 2001.


February 7, 2001
Syracuse, New York

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




[1] See Motion No. M-62976.