New York State Court of Claims

New York State Court of Claims

ARBELLA MUTUAL v. NEW YORK THRUWAY AUTHORITY, #2005-028-578, Claim No. NONE, Motion No. M-69974


Synopsis


Late claim motion commenced in which Movant corporation is represented by an out of state attorney who has no New York address (Judiciary Law §§ 478, 470) is denied without being considered on the merits.

Case Information

UID:
2005-028-578
Claimant(s):
ARBELLA MUTUAL INSURANCE CO. (as subrogee of Rosalie Dougherty)
Claimant short name:
ARBELLA MUTUAL
Footnote (claimant name) :

Defendant(s):
NEW YORK THRUWAY AUTHORITY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-69974
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
BOLDEN & ASSOCIATESBY: Laurie B. McGhee, Esq.
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Joel L. Marmelstein, 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

The following papers were read on Movant's motion for permission to file an untimely claim pursuant to Court of Claims Act §10(6):

1. Notice of Motion and Supporting Affidavit of Laurie B. McGhee, Esq., with attachments


2. Affirmation in Opposition of Joel L. Marmelstein, AAG, with attachments


Filed papers: None

Arbella Mutual Insurance Co., as subrogee of Rosalie Dougherty, seeks the Court's permission to late file a claim against the Defendant. The proposed claim reads, in substantive part, as follows:
On August 23, 2004, on Rte I-90 in German Flatts, Herkimer County, NY, the tail gate on a dump truck driven by R.G. Lamphere and owned by the New York Transit Authority opened up and spilled rocks and debris on a vehicle owned by Rosalie Dougherty and insured by claimant causing $4,877.50 in damages and substitute transportation expenses.
Listed as attorney for Claimant corporation is Laurie B. McGhee of Bolden & Associates in Salem, Massachusetts.

Movant's attorney does not state that she is licenced to practice in this State (see Judiciary Law §478), nor does she provide a New York business address (see Judiciary Law §470) or indicate in any fashion that she has an of counsel arrangement with any New York law firm (see Matter of Tatko v McCarthy, 267 AD2d 583 [3d Dept 1999]). Consequently, Movant's attorney is not authorized to appear in this or any other proceeding in this State, and the motion cannot be considered on its merits (Neal v Energy Transportation Group, Inc., 296 AD2d 339, 339 [1st Dept 2002]; Rosenberg v Johns-Manville Sales Corp., 99 Misc 2d 554 [Sup Ct, NY County 1979]; Park Lane Commercial Corp. v Travelers Ind. Co., 50 Misc 2d 231 [Sup Ct, NY County 1966]).

Accordingly, Movant's application for permission to late file a claim is DENIED, without prejudice.


December 2, 2005
Albany, New York

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