New York State Court of Claims

New York State Court of Claims

JARVIS v. THE STATE OF NEW YORK, #2002-009-005, Claim No. 101049, Motion No. M-64459


Synopsis


Claimant's motion to reinstate his claim was granted.

Case Information

UID:
2002-009-005
Claimant(s):
TYRONE JARVIS
Claimant short name:
JARVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101049
Motion number(s):
M-64459
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY, JR.
Claimant's attorney:
DANIEL TESSLER, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Timothy P. Mulvey, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:

Signature date:
January 24, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought this motion seeking an order reinstating the claim.

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


Letter dated December 19, 2001, from Assistant Attorney General,

Timothy P. Mulvey, Esq. 3

This claim had previously been scheduled for a conference at a calendar call held on November 28, 2001, upon notice provided by mail to counsel for both parties. On that date, claimant's counsel was not available for the scheduled conference call at the designated time, and since there has been no other communication from claimant's counsel regarding the conference, the claim was dismissed by this Court, without prejudice.

Claimant has now moved to reinstate the claim. In his supporting affirmation, claimant's counsel, whose offices are located in New York City, approximately four blocks from the site of the former World Trade Center, advises the Court that his practice was disrupted by the attack on the World Trade Center on September 11, 2001, that he had no land-line telephone service until after Thanksgiving of 2001, and that mail service had been interrupted and irregular since the attack. As a result, claimant's counsel states that he was unaware of the scheduled conference on November 28, 2001.

Claimant's counsel further advises the Court that all discovery has been completed in this claim, except for the deposition of a knowledgeable witness of the defendant.

Counsel has certainly provided the Court with an acceptable excuse for his failure to be available for the conference on November 28, 2001, and has also satisfied the Court that this claim has not been abandoned.

Accordingly, it is

ORDERED, that Motion No. M-64459 is hereby GRANTED; and it is further

ORDERED, that Claim No. 101049 is hereby reinstated, and is restored to this Court's calendar of Open and Untried Claims; and it is further

ORDERED, that all discovery, including the deposition of the State's knowledgeable witness, shall be completed by April 30, 2002, and that claimant is directed to serve and file his note of issue and certificate of readiness on or before May 31, 2002.


January 24, 2002
Syracuse, New York

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