New York State Court of Claims

New York State Court of Claims

LoRUSSO v. THE STATE OF NEW YORK, #2002-015-281, Claim No. 101972, Motion No. M-65165


Synopsis


Motion seeking trial subpoenae withdrawn prior to start of trial denied as moot.

Case Information

UID:
2002-015-281
Claimant(s):
JOSEPH LoRUSSO
Claimant short name:
LoRUSSO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101972
Motion number(s):
M-65165
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Joseph LoRusso, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Joel Marmelstein, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
August 6, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant by undated notice of motion received by the Clerk on May 9, 2002 sought the issuance of court ordered subpoenae requiring the appearance of numerous Department of Correctional Services (DOCS) employees at the trial of the instant claim scheduled for May 13, 2002. At the trial held at Marcy Correctional Facility on May 13, 2002 the claimant withdrew the motion on the record. Such withdrawal renders the motion moot.

Accordingly, the motion is denied.


August 6, 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 filed May 9, 2002, undated.