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
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.