New York State Court of Claims

New York State Court of Claims

HARRELL v. THE STATE OF NEW YORK, #2002-031-053, Claim No. 105073, Motion No. M-65383


Synopsis


Claimant's continued refusal to participate in discovery warrants dismissal of his claim.

Case Information

UID:
2002-031-053
Claimant(s):
AL-TYRRIC Z. HARRELL
Claimant short name:
HARRELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105073
Motion number(s):
M-65383
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
AL-TYRRIC Z. HARRELL, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: RICHARD B. FRIEDFERTIG, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 30, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 and 2, were read on motion by Defendant for an order dismissing the claim pursuant to CPLR 3126:
1. Defendant's Notice of Motion, filed June 14, 2002;
2. Affidavit of Richard B. Friedfertig, Esq., sworn to June 12, 2002, with attached exhibits. Defendant brings this motion to dismiss the claim in this matter due to Claimant's willful and contumacious refusal to submit to a deposition. In its papers, Defendant has established that Claimant has repeatedly failed to appear for his scheduled deposition without notice of any sort to Defendant that he could not or would not appear. Such conduct is wasteful of both the time and financial resources of Defendant and can not be condoned.

The Claimant has not submitted any opposition to this motion. Based upon the papers submitted with this motion, it is

ORDERED, that Defendant's motion is granted and Claim No. 105073 is dismissed.

October 30, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims