New York State Court of Claims

New York State Court of Claims

MC FADDEN v. THE STATE OF NEW YORK, DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW YORK, #2004-010-028, Claim No. 108874, Motion No. M-69044


Synopsis


The unopposed motion to discontinue the infant's claim without prejudice is granted.

Case Information

UID:
2004-010-028
Claimant(s):
ADRIANA MC FADDEN, an infant under the age of 14 years, by her mother, PATRICIA D. MC FADDEN, and PATRICIA D. MC FADDEN, individually
Claimant short name:
MC FADDEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108874
Motion number(s):
M-69044
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
BASHIAN, FARBER & PARKER, LLPBy: Irving O. Farber, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Judith C. McCarthy, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 20, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers numbered 1-2 were read and considered by the Court on the unopposed motion to discontinue the infant's claim without prejudice:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits........................1

Affidavit of Patricia D. McFadden...........................................................................2


Upon the papers submitted, which include an affidavit of the infant-claimant's mother and a letter from a physician who examined the infant-claimant (Ex. 1), this Court GRANTS the application to discontinue the claim of Adriana McFadden without prejudice.[1]

Accordingly, Claim No. 108874 is hereby discontinued and the Clerk is directed to close the file.


October 20, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]Patricia D. McFadden has submitted a Stipulation Discontinuing Action regarding the claim brought by her individually.