New York State Court of Claims

New York State Court of Claims

LOPER V. THE STATE OF NEW YORK, #2002-011-585, Claim No. 102779, Motion No. M-65361


Synopsis


Claimant's motion to reargue an order of the court which dismissed the claim is granted.

Case Information

UID:
2002-011-585
Claimant(s):
TAMAR LOPER
Claimant short name:
LOPER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102779
Motion number(s):
M-65361
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Tamar Loper, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael C. Rizzo, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved to reargue an order of the court dismissing the claim.

A trial of this claim was scheduled for April 25, 2002 at Clinton Correctional Facility. At that time, the court was advised that claimant had made a motion for permission to late file a claim and defendant had made a cross-motion to dismiss this claim. The court, on the record, then adjourned the trial pending determination of the motion and cross-motion. Thereafter, the court issued an order dismissing the claim for failure to prove a prima facie case. The order was issued in error. Accordingly, the order of the court filed May 8, 2002 dismissing the claim is vacated and the Chief Clerk of the court is directed to restore the claim to the calendar.


September 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated May 26, 2002
2. Affidavit in Support of Tamar Loper sworn to the 12th day of June, 2002
3. Affidavit in Opposition of Michael C. Rizzo, Esq. sworn to the 21st day of June, 2002