New York State Court of Claims

New York State Court of Claims

CARABALLO v. THE STATE OF NEW YORK, #2006-010-027, Claim No. 110984, Motion No. M-71998


Synopsis


Defendant’s unopposed motion to dismiss is granted.

Case Information

UID:
2006-010-027
Claimant(s):
DIGNA CARABALLO, as Mother and Natural Guardian of ANTONIA MASO, a mentally ill person
Claimant short name:
CARABALLO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110984
Motion number(s):
M-71998
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
NORMAN LISS, ATTORNEYS-AT-LAW, P.C.
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Vincent Cascio, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 22, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on defendant’s unopposed motion to dismiss:

Notice of Motion, Attorney’s Supporting Affirmation and Exhibits

Defendant moves to dismiss based upon the affirmative defense it raised in its answer at ¶14, i.e., that the named claimant lacks standing to sue (Ex. C). Prior to bringing this motion, defendant sent two letters requesting proof from claimant’s attorney that claimant has the capacity to sue on behalf of her adult daughter, Antonia Maso (Ex. D). The letters have not been answered, nor has claimant come forward with any proof that she has been given authority to sue on behalf of Antonia Maso (see MacCaull v Brown, 261 AD2d 829). Additionally, Antonia Maso has brought suit on her own behalf under Claim No. 110575.

Accordingly, defendant’s unopposed motion to dismiss is GRANTED.


August 22, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims