New York State Court of Claims

New York State Court of Claims

GRANT v. STATE OF NEW YORK, #2003-018-200, Claim No. 104449, Motion No. M-66047


Synopsis


Claimant's motion seeking extension of time to file certificate of merit is granted.

Case Information

UID:
2003-018-200
Claimant(s):
MARK C. GRANT
Claimant short name:
GRANT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104449
Motion number(s):
M-66047
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
THE PROSKIN LAW FIRMBy: ARNOLD W. PROSKIN, ESQUIRE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: G. LAWRENCE DILLON, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
February 6, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant has brought this motion seeking an extension of time to file a certificate of


merit.

This medical malpractice claim was filed with the Clerk of the Court on June 21, 2001. Pursuant to CPLR §3012-a(2), claimant's attorney submitted a certificate of merit with the claim stating that he was unable to obtain the medical consultation required by §3012-a because a limitation of time would bar the action. According to the provisions of §3012-a(2), claimant's attorney therefore had 90 days from the service of the claim to provide the required certificate of merit. However, the certificate of merit was not timely provided, and claimant's attorney has now made application for an extension of time to serve and file the required certificate of merit.

With this application, claimant's attorney has also submitted the affidavit of a licensed physician, Virgilio C. Victoriano, M.D., affirming that said physician has reviewed the medical records of the claimant relating to this claim and that based upon his review, claimant is alleging a meritorious claim.

Based upon the physician's affidavit, as well as the explanation of clerical error provided in the supporting affidavit of claimant's attorney, this Court will allow the late service and filing of the required certificate of merit.

Accordingly, it is

ORDERED, that Motion No. M-66047 is hereby GRANTED; and it is further

ORDERED, that within 30 days from the date of filing of this order, claimant shall serve his certificate of merit (including the affidavit of merit of Virgilio C. Victoriano, M.D.) upon defendant, by regular, first class mail, and shall also file said certificate of merit and his affidavit of such service with the Clerk of the Court.

February 6, 2003
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The following papers were considered by the Court in connection with this motion:

Notice of Motion....................................................................................................1
Affidavit of Arnold W. Proskin, Esquire, in support..............................................2

Affidavit of Virgilio C. Victoriano, M.D................................................................3