New York State Court of Claims

New York State Court of Claims

CARBONE v. THE STATE OF NEW YORK, #2006-010-005, Claim No. 107364, Motion No. M-71302


Synopsis


claimant's motion to amend the engineer's report is denied.

Case Information

UID:
2006-010-005
Claimant(s):
DOM CARBONE
Claimant short name:
CARBONE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107364
Motion number(s):
M-71302
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
Knuckles & Komosinski, PC
By: Mark R. Knuckles, Esq.Kenneth J. Flickinger, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: J. Gardner Ryan, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 16, 2006
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 and oral argument was heard on claimant's motion to amend the engineer's report:
Order to Show Cause, Attorney's Affirmation and Exhibits...................................1
Affirmation in Opposition........................................................................................2

Upon consideration of the papers submitted and oral argument heard, this Court directs claimant to Dufel v State of New York, 187 AD2d 792, 793, which was cited by defendant and states, "*** the purpose of the appraisal rule is to permit the free and liberal exchange of appraisals for the initial time period following the filing of the claim or within the extended time period, but to impose rigid standards thereafter."

Claimant has failed to comply with the relevant time provisions set forth in the Uniform Rules of the Court of Claims and has not otherwise demonstrated unusual or substantial circumstances warranting entitlement to a granting of his application. Accordingly, claimant's application is DENIED.


March 16, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims