New York State Court of Claims

New York State Court of Claims

RAMIREZ v. THE STATE OF NEW YORK, #2005-033-133, Claim No. 106637, Motion No. M-70203


Synopsis



Case Information

UID:
2005-033-133
Claimant(s):
ISABEL RAMIREZ, as Administratrix of the Estate of JOSEPH RAMIREZ, deceased, and ISABEL RAMIREZ, Individually
Claimant short name:
RAMIREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106637
Motion number(s):
M-70203
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
John L. Juliano, Esq.
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: John M. Shields, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 31, 2005
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by Isabel Ramirez, as Administratrix (hereinafter “claimant”), on behalf of Joseph Ramirez (hereinafter “decedent”) for wrongful death and conscious pain and suffering. Claimant alleges negligence by the State of New York based upon an accident decedent was involved in on August 31, 2001, at 1:00 a.m. in Brentwood, New York. Decedent was a passenger in a vehicle which continued to drive past the end of the roadway, onto a right-of-way of the Long Island Power Authority and strike a utility pole.

Prior to trial, defendant moves, pursuant to Public Officers Law §66-a to unseal the record of the police accident investigation and resulting records[1].

Claimant submits no opposition to the motion.

Based on the foregoing, defendant’s motion is granted without opposition. Defendant is directed to prepare and submit an order for the Court’s signature.


August 31, 2005
Hauppauge, New York

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




[1].The following papers have been read and considered on defendant’s motion: Notice of Motion to Unseal the Record Pursuant to NY CLS Pub O § 66-a & CPL 160.50 & 160.55 dated May 23, 2005 and filed May 27, 2005; Affirmation in Support to Unseal the Record Pursuant to NY CLS Pub O § 66-a & CPL 160.50 & 160.55 of John M. Shields, Esq. dated May 23, 2005 and filed May 27, 2005.