New York State Court of Claims

New York State Court of Claims

BURT v. THE STATE OF NEW YORK, #2002-011-568, Claim No. 105188, Motion No. M-65249


Synopsis


Claimant's motion for an order permitting him to tax disbursements for an award of loss of personal property is denied.

Case Information

UID:
2002-011-568
Claimant(s):
LAZARO J. BURT
Claimant short name:
BURT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105188
Motion number(s):
M-65249
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Lazaro J. Burt, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 15, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved for an order permitting him to tax disbursements in this action in

which he was awarded $75.00 for loss of personal property.

Court of Claims Act §27 provides that disbursements shall not be taxed in an action in this court except in limited circumstances not present here. Accordingly, the motion is denied.

August 15, 2002
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Submitted:

1. Notice of Motion dated May 14, 2002
2. Affidavit in Support of Lazaro J. Burt sworn to the 14th day of May, 2002 with attachments
3. Affirmation in Opposition of Eileen E. Bryant, Esq. dated June 17, 2002 with exhibits annexed