New York State Court of Claims

New York State Court of Claims

Wennar v. THE STATE OF NEW YORK, #2002-015-236, Claim No. 97852, Motion No. M-64838


Synopsis


Successor executor appointed by Surrogate substituted for previously named representative claimant who died after claim was filed.

Case Information

UID:
2002-015-236
Claimant(s):
JEFFREY T. WENNAR, as Successor Executor of the Estate of JAMES B. WENNAR, Deceased The caption of this claim has been amended sua sponte to reflect the substitution of Jeffrey T. Wennar as Successor Executor.
Claimant short name:
Wennar
Footnote (claimant name) :
The caption of this claim has been amended sua sponte to reflect the substitution of Jeffrey T. Wennar as Successor Executor.
Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97852
Motion number(s):
M-64838
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Bloomberg & MagguilliBy: Michael C. Magguilli, Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kathleen M. Resnick, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
March 22, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

On reading and filing the affidavit of Michael C. Magguilli, Esquire, sworn to on the 11th day of March, 2002, and on reading and filing the notice of motion, with proof of due service thereof, and there being no opposition thereto, NOW, on motion of Michael C. Magguilli, it is

ORDERED that the said Jeffrey T. Wennar, as successor executor of the estate of James Wennar, duly adjudged and decreed as such by Order of the Honorable Raymond E. Marinelli, Albany County Surrogate dated January 25, 1999 be and hereby is substituted as claimant in the above entitled action in the place and stead of said Mildred Wennar, as executrix of the estate of James Wennar, deceased.


March 22, 2002
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
1. Notice of motion dated March 11, 2002;
  1. Affidavit of Michael C. Magguilli sworn to March 11, 2002, with exhibit;
  2. Letter dated March 12, 2002 from Kathleen M. Resnick.