New York State Court of Claims

New York State Court of Claims

MICOLO v. THE STATE OF NEW YORK, #2005-010-027, Claim No. 110324, Motion No. M-69941


Synopsis


Claimant's motion for leave to serve and file an amended claim is granted.

Case Information

UID:
2005-010-027
Claimant(s):
MARCUS A. MICOLO
Claimant short name:
MICOLO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110324
Motion number(s):
M-69941
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
MARCUS A. MICOLOPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse J. Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 11, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion for leave to serve and file an amended claim:
Motion to Amend, Proposed Amended Claim for Damages and Exhibits................1

Defendant's Letter of April 14, 2005 Taking No Position on the Motion.................2

CPLR 3025(b) provides that leave to amend shall be freely given and defendant does not oppose the motion. Accordingly, claimant's motion to amend is GRANTED and claimant shall be permitted to serve and file his Amended Claim within 60 days of the filing date of this Decision and Order. Claimant shall serve by regular mail the Amended Claim, after which defendant shall have the time prescribed by law to interpose its Answer to the Amended Claim.


May 11, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims