New York State Court of Claims

New York State Court of Claims

MCBRIDE v. THE STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY , #2003-031-056, Claim No. 104109, Motion No. M-66727


Synopsis


Claimant has demonstrated sufficient cause to vacate order of default and restore claim to Court's calendar. Claimant's motion to restore granted.

Case Information

UID:
2003-031-056
Claimant(s):
ROBERT J. MCBRIDE
Claimant short name:
MCBRIDE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104109
Motion number(s):
M-66727
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
CELLINO & BARNES, P.C.BY: DAVID O. TEACH, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: WILLIAM D. LONERGAN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 29, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 3, were read on motion by Claimant to restore the claim to the Court's calendar, pursuant to Uniform Rules for the Court of Claims § 206.15:
1) Claimant's Notice of Motion, filed April 23, 2003;
2) Affidavit of David O. Teach, Esq., sworn to April 21, 2003;
  1. Affidavit of William D. Lonergan, Esq., sworn to May 13, 2003. Upon the foregoing papers, Claimant's motion is granted.
With this motion, Claimant seeks an order vacating my previous Order, filed on April 8, 2003, which dismissed the claim pursuant to § 206.10(f) of the Uniform Rules for the Court of Claims. That Order was generated after Claimant failed to appear at a preliminary conference which had been scheduled for March 26, 2003. As set forth in the affidavit of David O. Teach, Esq., Claimant's default on March 26, 2003 was unintentional and related to the sudden illness of counsel.

Defendant has notified the Court that it does not oppose this application.

Accordingly, for the reasons stated above, it is hereby

ORDERED, that Claimant's motion is granted. My previous Order dismissing the claim, filed April 8, 2003, is hereby vacated. The Clerk is directed to restore claim 104109 to my calendar.

July 29, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims