New York State Court of Claims

New York State Court of Claims

ISAAC v. THE STATE OF NEW YORK, #2004-031-036, Claim No. 101973, Motion No. M-67552


Synopsis


Case Information

UID:
2004-031-036
Claimant(s):
DALE T. ISAAC
Claimant short name:
ISAAC
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101973
Motion number(s):
M-67552
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
ALFRED P. KREMER, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: THOMAS G. RAMSAY, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 5, 2004
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 3, were read on motion by Defendant to strike the note of issue:
1. Defendant's Notice of Motion, filed October 22, 2003;
2. Affirmation of Thomas G. Ramsay, Esq., affirmed October 20, 2003, with attached exhibits;
3. Filed documents: Claim, Verified Answer and Note of Issue. Defendant brings this motion seeking an order striking Claimant's note of issue, which was filed on October 14, 2003. As Claimant has not opposed this motion, and considering that during a preliminary conference on April 27, 2004, both parties indicated the need for further discovery in this matter, I find that the motion should be granted.

Accordingly, it is hereby,

ORDERED, that Defendant's motion is granted and the Clerk is directed to strike the note of issue filed by Claimant on October 14, 2003.

May 5, 2004
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims