New York State Court of Claims

New York State Court of Claims

Jackson v. STATE OF NEW YORK, #2003-018-218, Claim No. 101249, Motion No. M-65770


Synopsis


Defendant's motion is granted, the amended note of issue and certificate of readiness filed with the Clerk of the Court on August 26, 2002 is hereby stricken.

Case Information

UID:
2003-018-218
Claimant(s):
RICHARD G. JACKSON, SR. and GLYNA JACKSON
Claimant short name:
Jackson
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101249
Motion number(s):
M-65770
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
C. SAMUEL BEARDSLEY, ESQUIRE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: MICHAEL R. O'NEILL, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
May 8, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
A note of issue and certificate of readiness
for this claim had originally been filed by claimant with the Clerk of the Court in May, 2002. At that time, defendant moved to strike that note of issue on the basis that discovery had not yet been completed. On June 25, 2002, the Court conducted a conference with counsel for the parties with regard to this matter. As a result of this conference, and by an Order filed July 18, 2002, this Court granted defendant's motion and struck claimant's note of issue.
Additionally, in the conference on June 25, 2002, the Court was advised that one of the claimants, Richard G. Jackson, Sr., had died, and that a personal representative had not yet been appointed in his estate. In its order filed July 18, 2002, the Court directed claimant Glyna Jackson to commence the appropriate proceedings in Surrogate's Court for such appointment.

Shortly thereafter, claimant filed an amended note of issue on August 26, 2002 with the Clerk of the Court, with the caption of the claim amended to reflect the appointment of Glyna Jackson as Administrator of the Estate of Richard G. Jackson, Sr. No proof of such appointment, however, has been filed with the Clerk of the Court, as required by § 206.12(f) of the Uniform Rules for the Court of Claims[1]

Significantly, however, and as indicated in defendant's moving papers, discovery had not been completed prior to the filing of this amended note of issue, and defendant's counsel indicates that numerous discovery issues remain outstanding.

Since claimant has not submitted any opposition to the relief sought herein, the Court must conclude that discovery has not been completed, and that this claim is therefore not ready for trial. Accordingly, the note of issue must be stricken pursuant to § 206.12(d) of the Uniform Rules. Since it appears that discovery issues remain unresolved, the Court will schedule this matter for a compliance conference as soon as practicable, at which time these outstanding issues will be addressed, and dates will be established to ensure the completion of any remaining discovery, as well as for a re-filing of the note of issue.

Accordingly, it is

ORDERED, that Motion No. M-65770 is hereby GRANTED; and it is further

ORDERED, that the amended note of issue and certificate of readiness filed with the Clerk of the Court on August 26, 2002 is hereby stricken.

May 8, 2003
Syracuse, New York

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


Defendant has brought this motion seeking an order striking the amended note of issue and certificate of readiness which was filed with the Clerk of the Court on August 26, 2002.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation, with Exhibits............................................................1, 2

[1]Upon submission of such proof of appointment, the Court will change the title of this claim pursuant to § 206.12(f).