New York State Court of Claims

New York State Court of Claims

FABER v. THE STATE OF NEW YORK, #2002-031-039, Claim No. 104487, Motion No. M-65364


Synopsis


Defendant's motion for an extension of time to file appraisals is granted.

Case Information

UID:
2002-031-039
Claimant(s):
HELEN FABER
Claimant short name:
FABER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104487
Motion number(s):
M-65364
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
HELEN FABER, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: WENDY E. MORCIO, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on motion by Defendant for an extension of time to file its appraisal in this appropriation claim:
1. Defendant's Notice of Motion, filed June 18, 2002;
2. Affidavit of Wendy E. Morcio, Esq., sworn to June 18, 2002, with attached exhibits; This is Defendant's motion for an extension of time to file its appraisal in this appropriation matter, pursuant to § 206.21(g) of the Uniform Rules for the Court of Claims. Though this is the type of matter for which stipulations from counsel generally obviate the need for such motions, in this matter, as Claimant has discharged her attorney, a motion was necessary. The motion, made prior to the June 28, 2002 deadline for filing appraisals, requests a six month extension to retain an engineer to assist in the preparation of the appraisal. Defendant contacted Claimant's previous counsel to suggest the parties stipulate to the proposed extension, but was informed that Claimant had discharged her counsel.

Claimant has neither opposed this motion nor informed the Court whether or not she has retained new counsel.

I find that Defendant's motion should be granted. It is hereby:

ORDERED, that Defendant's motion for an extension of time to file its appraisal in this matter is granted. Defendant's appraisal shall be filed within six months from the filed date of this order.

September 10, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims