New York State Court of Claims

New York State Court of Claims

Rawson v. STATE OF NEW YORK, #2004-018-444, Claim No. 105379, Motion No. M-68799


Synopsis


Defendant's motion to strike note of issue is denied and trial date is scheduled.

Case Information

UID:
2004-018-444
Claimant(s):
DAWN RAWSON, Mother and Natural Guardian of MATTHEW D. FURLONG, JR.
Claimant short name:
Rawson
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105379
Motion number(s):
M-68799
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
HARRIS & PANELSBy: MICHAEL W. HARRIS, 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:
November 17, 2004
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Defendant brings this motion pursuant to the Uniform Rules for the Court of Claims

§206.12(d), seeking to have the Court strike the note of issue filed by Claimant with the Clerk of this Court on June 28, 2004. Claimant opposes the relief.

Defendant, through no fault of Claimant, has been unable to have a medical examination, a neuropsychological evaluation and/or vocational rehabilitation evaluation of the minor child.

A motion to strike a note of issue may be granted where it appears that a material fact in the certificate of readiness is incorrect. The certificate of readiness indicates that all discovery proceedings known to be necessary have been completed, which Defendant denies.

After reviewing the documents submitted in support and in opposition to the motion, and after conferencing the matter with counsel, the Court decided on the record as follows:

Defendant's motion is DENIED, and it is further

ORDERED, that Defendant schedule and the minor child be made available so that an independent medical examination as well as possibly a neuropsychological evaluation and a vocational rehabilitation evaluation can be conducted by December 17, 2004; and it is further

ORDERED, that Defendant assist in producing Dr. Peter Sadowitz for a deposition by Claimant's counsel also by December 17, 2004; and it is further

ORDERED, that a trial of this claim will be held from February 6 through February 15, 2006, at the New York State Court of Claims, Second Floor, Salina Place, 205 South Salina Street, Syracuse, New York.



November 17, 2004
Syracuse, New York

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


The Court has considered the following documents in deciding this motion:


Notice of Motion.................................................................................................1


Affirmation of Michael R. O'Neill, Esquire, Assistant Attorney

General, in support, with exhibits attached thereto.................................2


Affidavit of Michael W. Harris, Esquire, in opposition......................................3