New York State Court of Claims

New York State Court of Claims

LILAVOIS v. THE STATE OF NEW YORK, #2005-028-577, Claim No. 106964, Motion No. M-70443


Synopsis



Case Information

UID:
2005-028-577
Claimant(s):
PAUL F. LILAVOIS, GILBERT CONTAVE, VICTORIA VERONICA PATTERSON, REGINALD JOLIVERT and RICHARD DUPOUX
Claimant short name:
LILAVOIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106964
Motion number(s):
M-70443
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
LINDA F. FEDRIZZI, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Paul F. Cagino, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 2, 2005
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In reaching its decision on the instant application to dismiss the present Claim, the Court has read and considered the following papers:


(1) Notice of Motion to Dismiss, dated July 12, 2005 and filed on July 13, 2005;


(2) Affirmation of Assistant Attorney General Paul F. Cagino, dated July 12, 2005 and filed on July 13, 2005, together with Exhibit "A" annexed thereto.

The Claim herein seeks damages for false arrest and civil rights violations.

The Court, by a Decision and Order dated March 9, 2005, issued a conditional order striking the Note of Issue, unless all discovery was completed within ninety (90) days. The Decision and Order was served upon Claimants' attorney and the Attorney General.

Despite the Court Decision and Order, Claimants have not completed discovery, nor has their attorney responded to this Motion.[1] Accordingly, the Court grants the Motion to Dismiss.





December 2, 2005
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims




[1] The Court contacted the office of the Claimants' attorney on three occasions, however, Ms. Fedrizzi has failed to either return the call or submit responsive papers.