New York State Court of Claims

New York State Court of Claims

SIGO v. THE STATE OF NEW YORK, #2001-009-021, Claim No. 100040, Motion No. M-63220


Synopsis


Claimant's motion for permission to file a late appraisal in this appropriation claim was granted.

Case Information

UID:
2001-009-021
Claimant(s):
SIGO ASSOCIATES, LLC
Claimant short name:
SIGO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100040
Motion number(s):
M-63220
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
SIEGEL, FENCHEL & PEDDY, P.C.
BY: Saul R. Fenchel, Esq..Of Counsel.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Donald E. Shehigian, Esq.,
Assistant Attorney Generalof Counsel.
Third-party defendant's attorney:

Signature date:
April 24, 2001
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought this motion seeking an order permitting the parties to file appraisals and expert reports, even though the time to do so has expired.

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


Affirmation in Response 3

This appropriation claim was filed on March 24, 1999. By letter dated August 26, 1999, Presiding Judge Susan Phillips Read granted the parties an extension of time to file appraisals, and this extension expired on March 24, 2000. No request for a further extension was made prior to this expiration date.

As set forth in the affirmation from claimant's attorney, the parties allowed this extension to expire based upon an expectation of settlement. This understanding has been confirmed by defendant's attorney in his affirmation in response (Item 3), and defendant has joined in the request for an extension.

Under § 206.21(g)(3) of the Uniform Rules for the Court of Claims, this Court has the authority to grant the relief requested based upon a showing of unusual and substantial circumstances. Based upon the showing that the parties were, in fact, engaged in good faith negotiations, and apparently at some point had even reached a tentative settlement, this Court will grant the requested extension.

Accordingly, it is

ORDERED, that Motion No. M-63220 is hereby GRANTED; and it is further

ORDERED, that pursuant to § 206.21(g)(3) of the Uniform Rules for the Court of Claims, both parties may have an extension of time until October 24, 2001, for filing appraisals and other expert reports.


April 24, 2001
Syracuse, New York

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