New York State Court of Claims

New York State Court of Claims

NAPIER v. THE STATE OF NEW YORK, #2002-009-33, Claim No. 101857, Motion No. M-65085


Synopsis


Defendant's motion to strike the note of issue in this claim was granted.

Case Information

UID:
2002-009-33
Claimant(s):
CYNTHIA L. NAPIER
Claimant short name:
NAPIER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101857
Motion number(s):
M-65085
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY, JR.
Claimant's attorney:
CELLINO & BARNES
BY: Thomas J. Rzepka, Esq.,Of Counsel.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Altreuter, Habermehl & Callanan
Catherine Berlin, Esq.,Of Counsel.
Third-party defendant's attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order striking the note of issue and certificate of readiness which has been previously filed in this claim.

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

On April 1, 2002, a note of issue and certificate of readiness was filed with the Clerk of the Court of Claims, indicating that this claim is trial ready. Pursuant to the affirmation of defendant's counsel, however, it appears that claimant has not responded to the discovery demands of defendant seeking copies of claimant's W-2 forms, and income statements, as well as employment record authorizations.

Since claimant has not submitted any opposition to the relief sought herein, the Court must conclude that discovery has not been completed, and that this claim is not ready for trial. Accordingly, the note of issue must be stricken pursuant to § 206.12(d) of the Uniform Rules for the Court of Claims.

Since discovery is apparently incomplete, this claim will be scheduled for the Court's next available calendar call at which dates will be established for the completion of any remaining discovery, as well as a re-filing of the note of issue, unless such matters are completed prior to such conference.

Accordingly, it is

ORDERED, that Motion No. M-65085 is hereby granted; and it is further

ORDERED, that the note of issue and certificate of readiness previously filed in this claim is hereby stricken.


July 24, 2002
Syracuse, New York

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