New York State Court of Claims

New York State Court of Claims

ASHLEY v. THE STATE OF NEW YORK, #2003-016-071, Claim No. 101867, Motion No. M-67125


Synopsis


Motion for order substituting administrator of estate for claimant was granted.

Case Information

UID:
2003-016-071
Claimant(s):
MABLE ASHLEY
Claimant short name:
ASHLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101867
Motion number(s):
M-67125
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Rebore, Thorpe & Pisarello, P.C.William J. Pisarello, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralNo Appearance
Third-party defendant's attorney:

Signature date:
September 16, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant's motion "for an order substituting Linda McCord as Administrator of the Estate of Mable Ashley, deceased, as the claimant in the above-entitled action and restoring this matter to the Court's trial calendar." Defendant submitted no papers in response to the motion. Mable Ashley's claim arose from an incident in which she tripped and fell while attending her granddaughter's graduation ceremony at the Stony Brook campus of the State University of New York on May 14, 1999. A liability trial was held on May 13, 2002, and on October 1, 2002, the Court issued a Decision finding defendant 66 2/3% liable for claimant's injuries. A judgment was then entered on November 29, 2002.

After the judgment was entered, counsel for claimant learned that Mable Ashley had died on June 10, 2002; her death was not related to the accident that is the subject of this claim. See p. 2 of the July 17, 2003 affirmation of William J. Pisarello, Esq. (the "Pisarello Aff."). On May 19, 2003, Letters of Administration were issued to Ms. Ashley's daughter, Linda McCord. See exhibit C to the Pisarello Aff.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-67125 be granted to the extent that Linda McCord as Administrator of the Estate of Mable Ashley, deceased, be substituted as claimant in this action and the caption herein be amended to read as follows:

______________________________________________


LINDA McCORD, as Administrator of the Estate of

MABLE ASHLEY, Deceased,


Claimant,


-against-


THE STATE OF NEW YORK,


Defendant.

________________________________________________


The parties will be contacted by the Court to arrange the damages trial of this claim.


September 16, 2003
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's notice of motion with affirmation in support and exhibits A-C. Defendant submitted no papers.