New York State Court of Claims

New York State Court of Claims

MAHR v. THE STATE OF NEW YORK, #2004-033-095, Claim No. None, Motion No. M-69046


Synopsis



Case Information

UID:
2004-033-095
Claimant(s):
HALEY MAHR, by her mother and natural guardian, JENNIFER MAHR
Claimant short name:
MAHR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-69046
Cross-motion number(s):

Judge:
JAMES J. LACK
Claimant's attorney:
Danker & Milstein, P.C.By: Franklin Wilks, Esq., Co-Counsel
Defendant's attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Ellen Matowik, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 10, 2004
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a motion by Haley Mahr, an infant (hereinafter "movant") to ask this Court for permission to file a late claim pursuant to Court of Claims Act §10(6)[1]. The claim is based upon the alleged medical malpractice of the State of New York on July 3, 1998, at the defendant's hospital.

In her affirmation, the Assistant Attorney General indicates that she attempted to contact movant's attorney, to indicate that the instant motion was unnecessary due to movant's infancy. However, movant's attorney failed to respond to the Assistant Attorney General's contact.

The Court also finds that the motion is unnecessary due to movant's infancy (Court of Claims Act §10[5]). Based upon the foregoing, movant's motion is denied as moot.


December 10, 2004
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1]The following papers have been read and considered on movant's motion: Notice of Motion to File Late Notice of Claim dated August 26, 2004 and filed September 3, 2004; Attorney Affirmation in Support of Motion for Leave to File Late Notice of Claim of Franklin Wilks, Esq. with annexed Exhibits A-H dated August 26, 2004 and filed September 3, 2004; Affirmation in Opposition of Ellen Matowik, Esq. dated October 6, 2004 and filed October 7, 2004.