New York State Court of Claims

New York State Court of Claims

FUNARO v. THE STATE OF NEW YORK, et al, #2002-028-030, Claim No. 92739, Motion No. M-65073


Synopsis

Claimant's motion for permission to discontinue infant's action in Court of Claims granted.

Case Information

UID:
2002-028-030
Claimant(s):
JACKSON FUNARO, an infant by his mother and natural guardian, PATRICIA FUNARO
Claimant short name:
FUNARO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
92739
Motion number(s):
M-65073
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
LEVINE & GROSSMAN, ESQS.BY: Mary Rita Wallace Esq.
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Toni Logue, Esq.
Third-party defendant's attorney:

Signature date:
May 23, 2002
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Claimant's motion for permission to discontinue Claim on behalf of infant child:

1) Notice of Motion and Supporting Affirmation of Mary Rita Wallace, Esq., filed
April 10, 2002 (Wallace Affirmation) with annexed Exhibits; and Affidavit of Patricia Funaro


2) OPPOSITION: NONE.

Filed Papers: Claim filed October 20, 1995. Answer filed December 4, 1995.

The underlying Claim seeks damages for the alleged medical negligence of the Defendant which resulted in injury to the infant Jackson Funaro. On or about November 15, 2001 the infant's mother, PARTICIA FUNARO, as parent and natural guardian, executed a Stipulation of Discontinuance (see, Wallace Affirmation) which purported to discontinue the claim on behalf of the infant. The Court advised Claimant's counsel that an application was necessary before the Court would permit discontinuance of the infant's action.

The instant application ensued and the Defendant has not opposed Claimant's application.

The Court has reviewed the detailed submission made on behalf of Claimant and is satisfied both as to the propriety of the discontinuance in this Court[1] and, as importantly, that the information imparted to Ms. Funaro enabled her to have a full understanding of this stage in this litigation (see, Wallace Affirmation; see also, Affidavit of Patricia Funaro). Accordingly, the motion is granted.

Based upon the foregoing, Motion M-65073 is GRANTED. The Clerk is directed to forward the original Stipulation of Discontinuance, which had been executed by Claimant and her counsel and was submitted with the moving papers, to the Attorney General to be executed and returned to the Court for filing.

May 23, 2002
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims




[1] Claimant settled the companion action and the Court has reviewed the Infant Compromise Order (Funaro v Iliya, et.al., Index No. 25066-95, [Sup Ct, Suffolk County], Doyle, J., March 8, 2002) approving that settlement.