New York State Court of Claims

New York State Court of Claims

WOLTER v. THE STATE OF NEW YORK, #2003-028-508, Claim No. 98193, Motion No. M-66148


Synopsis


Claimant's motion for permission to discontinue infant's action in Court of Claims granted.

Case Information

UID:
2003-028-508
Claimant(s):
DALE ANNE WOLTER, as Parent and Natural Guardian of MATTHEW N. WOLTER, an infant.
Claimant short name:
WOLTER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98193
Motion number(s):
M-66148
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
MARTIN, HARDING AND MAZZOTTIBY: Elizabeth A. Graziane, Esq.
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Michael Rizzo, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 21, 2003
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Claimant's motion for permission to discontinue Claim on behalf of infant child:

  1. Notice of Motion and Supporting Affirmation of Elizabeth A. Graziane, Esq., filed December 13, 2002 (Graziane Affirmation) with annexed Exhibits; and Petition of Dale Anne Wolter
2) Letter of Elizabeth A. Graziane, Esq. Dated January 2, 2003.


OPPOSITION: NONE.

The underlying Claim seeks damages for the alleged negligence of the Defendant which resulted in injury to the infant Matthew N. Wolter and other family members. The instant application seeks permission to discontinue the instant action and the Defendant has not opposed Claimant's application.

Prior to the making of the instant application, the parties, with counsel, appeared before the Court to detail the proposed basis for discontinuing this claim and the need for the instant application. The Court has now reviewed the detailed submission made on behalf of Claimant and is satisfied both as to the propriety of the discontinuance in this Court and, as importantly, that the information imparted to Ms. Wolter enabled her to have a full understanding of this stage in this litigation (see, Graziane Affirmation; see also, Petition of Dale Anne Wolter). Furthermore, the proposed settlement has been approved by the Surrogate's Court, Clinton County (see, Graziane Letter). Accordingly, the motion is granted.

Based upon the foregoing, Motion M-66148 is GRANTED. The Claimant shall execute a Stipulation of Discontinuance and forward same to the Attorney General to be executed and returned to the Court for filing.


February 21, 2003
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims