New York State Court of Claims

New York State Court of Claims

PIZARRO v. THE STATE OF NEW YORK, #2004-032-071, Claim No. 106924, Motion No. M-68485


Synopsis



Case Information

UID:
2004-032-071
Claimant(s):
JOSE PIZARRO
Claimant short name:
PIZARRO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106924
Motion number(s):
M-68485
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Jose Pizarro, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney General
By: Victor Paladino, Assistant Solicitor General and
Belinda A. Wagner, Assistant Attorney General,Of Counsel
Third-party defendant's attorney:

Signature date:
September 27, 2004
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This motion to settle the record arises out of the Court's decision and order, filed October 3, 2003, dismissing claimant Jose Pizarro's claim upon defendant State of New York's cross-motion (Pizarro v State of New York, UID #2003-032-098, Claim No. 106924, Motion Nos. M-66898, CM-66935, Hard, J.). Claimant seeks to settle the record in order to facilitate his appeal of the aforementioned decision and order (Pizarro affidavit). He lists the papers that allegedly comprise the record on appeal (Pizarro Aff., ¶ 4). The State, noting that claimant has made this motion prior to simply seeking a stipulation as to what the proper record on appeal should contain, does not oppose claimant's motion. Rather, it clarifies what it believes the record should contain and points out, correctly, that the dismissal of this claim was done by the decision and order as opposed to a judgment (Paladino affirmation).

The CPLR provides that a record on appeal from an order "shall consist of the notice of appeal, the judgment or order appealed from, the transcript, if any, the papers and other exhibits upon which the judgment or order was founded and any opinions in the case" (CPLR 5526; see 2001 Real Estate v Campeau Corp., 148 AD2d 315 [1st Dept]). Thus, the record on appeal for this claim shall consist of the following:
1. Notice of Appeal, filed November 10, 2003

2. Decision and Order filed October 3, 2003 (Pizarro v State of New York, Claim No. 106924, Motion Nos. M-66898, CM-66935)

3. Claimant's Notice of Motion, Motion No. M-66898, dated May 27, 2003 and filed June 2, 2003

4. "Affidavit in Support of Motion" of Jose Pizarro, dated May 27, 2003 and filed June 2, 2003

5. Defendant's Notice of [Cross] Motion to Dismiss, Motion No. CM-66935, dated June 11, 2003 and filed June 11, 2003

6. Affirmation of Belinda A. Wagner, Assistant Attorney General, in Support of Cross Motion and in Opposition to Claimant's Motion, dated June 11, 2003 and filed June 11, 2003 with annexed Exhibits 1-4

7. "Answer to Cross Motion" of Claimant, dated June 25, 2003 and filed June 30, 2003 with accompanying Affidavit of Jose Pizarro, sworn to June 26, 2003

8. Reply Affirmation of Belinda A. Wagner, Assistant Attorney General, dated July 30, 2003 and filed August 4, 2003

9. Verified Claim, sworn to October 31, 2002 and filed November 14, 2002

10. Verified Answer, sworn to December 16, 2002 and filed December 18, 2002.


The above constitutes a complete record of all papers pertinent to claimant's appeal.

Accordingly, it is


ORDERED, that to the extent indicated above, claimant's motion to settle the record is granted.




September 27, 2004
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims



The following papers were read on claimant's motion to settle the record:

1. Affidavit in Support of Motion of Jose Pizarro, pro se


2. Affirmation in Opposition of Victor Paladino, Esq., AAG


Filed papers: Claim; Answer