New York State Court of Claims

New York State Court of Claims

ANDERSON v. THE STATE OF NEW YORK, #2003-030-007, Claim No. 104872


Synopsis


Claim dismissed as "just". Counsel for Claimant failed to appear for scheduled conference. 22 NYCRR §206.10 (f). No activity on claim for over a year

Case Information

UID:
2003-030-007
Claimant(s):
JOANNE ANDERSON Caption has been amended to reflect the only proper defendant.
Claimant short name:
ANDERSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
Caption has been amended to reflect the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104872
Motion number(s):

Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
SPITZER & DELLICARI
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: VINCENT CASCIO, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
March 25, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

At a calendar call held on March 3, 2003, Counsel for the Defendant made a motion for an Order dismissing Claim Number 104872, upon which the Court reserved decision. After carefully considering Defendant's application, the facts contained in the Court's file and the applicable law the motion is disposed of as follows:

Granted. 22 NYCRR §206.10 (f). Although duly notified on January 31, 2003 of the requirement that he appear and explain why a Note of Issue - due October 31, 2002 - had not yet been filed, Counsel for Claimant did not appear. No adjournment of his appearance had been granted in accordance with Part 125 of the Uniform Trial Court Rules as required. 22 NYCRR Part 125. Issue was joined on October 11, 2001. Since January, 2002, when Claimant served a Bill of Particulars, there has been no further activity on this Claim.

Accordingly, the Court finds that entry of an Order dismissing Claim Number 104872 is just, and Claim number 104872 is in all respects dismissed for failure to appear at the scheduled conference call.

So Ordered.


March 25, 2003
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims