New York State Court of Claims

New York State Court of Claims

MC DONALD v. THE STATE OF NEW YORK, #2004-031-028, Claim No. 105357, Motion No. M-67382


Synopsis


Case Information

UID:
2004-031-028
Claimant(s):
TIMOTHY MC DONALD
Claimant short name:
MC DONALD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105357
Motion number(s):
M-67382
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
TIMOTHY MC DONALD, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: MICHAEL S. BUSKUS, ESQ.Assistant Solicitor General
Third-party defendant's attorney:

Signature date:
May 4, 2004
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on motion by Claimant to settle the record on appeal:
1) Claimant's Notice of Motion, filed September 15, 2003;
2) Claimant's unsworn Affidavit, dated September 11, 2003, with exhibits;
  1. Affirmation of Michael S. Buskus, Esq., dated October 15, 2003, with attached exhibit. This is Claimant's motion in which he requests that the Court stipulate to the correctness of his proposed record on appeal, pursuant to CPLR 5532. However, as stipulating to the proposed record on appeal is a matter between the parties, it appears that what Claimant is actually requesting is that the Court settle the record on appeal. I note that Defendant's counsel has also treated Claimant's motion as one to settle the record.
With the exception of several minor corrections made by trial counsel for Defendant to the trial transcript, Defendant has no objection to Claimant's motion. Likewise, Claimant has not indicated to the Court that he has any objections to Defendant's minor corrections to the trial transcript. Exhibit A attached to the affirmation of Michael S. Buskus, Esq., reflects these corrections.

Accordingly, it is hereby

ORDERED, that Claimant's motion is granted. The record on appeal shall be as proposed by Claimant, except that the trial transcript, as corrected and contained in Defendant's exhibit A, shall be made a part of, and replace, the trial transcript submitted by Claimant in his proposed record on appeal.

May 4, 2004
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims