New York State Court of Claims

New York State Court of Claims

NEELY v. THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION and NEW YORK STATE THRUWAY AUTHORITY, #2006-016-051, Claim No. 110262, Motion No. M-71595


Synopsis


Motion to withdraw as counsel for third-party defendant was denied as moot since third-party claim against such third-party defendant had been previously dismissed.

Case Information

UID:
2006-016-051
Claimant(s):
CLARENCE NEELY and CLARA NEELY, his wife
Claimant short name:
NEELY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION and NEW YORK STATE THRUWAY AUTHORITY
Footnote (defendant name) :

Third-party claimant(s):
THE STATE OF NEW YORK
Third-party defendant(s):
NEW HAMPSHIRE INSURANCE, ALLIED NA INSURANCE BROKERAGE CORP OF NEW YORK, STATE INSURANCE FUND, CONTINENTAL CASUALTY and UNITED STATES FIRE INSURANCE COMPANY
1 1. The caption has been amended to reflect that the third-party claim against Columbus Construction Corporation was dismissed in a Decision and Order dated April 26, 2006 and filed May 11, 2006.
Claim number(s):
110262
Motion number(s):
M-71595
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:

Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:
Fabiani Cohen & Hall, LLPBy: Stephen M. Cohen, Esq.
Signature date:
August 17, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is the motion of Fabiani Cohen & Hall, LLP to withdraw as counsel for Columbus Construction Corporation, a former third-party defendant in this action.

The third-party claim against Columbus Construction Corporation was dismissed in a Decision and Order dated April 26, 2006 and filed May 11, 2006. Accordingly, Columbus is no longer a party to this lawsuit. In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-71595 be denied as moot.


August 17, 2006
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [2]The following were reviewed: the Order to Show Cause signed April 5, 2006 with the accompanying March 29, 2006 affirmation of Stephen M. Cohen; and the June 13, 2006 affirmation of Gwendolyn Hatcher.