New York State Court of Claims

New York State Court of Claims

WALKER-De-HAARTE v. THE STATE OF NEW YORK, #2006-028-538, Claim No. 106203, Motion No. M-70750


Synopsis



Case Information

UID:
2006-028-538
Claimant(s):
In the Matter of the Claim of JADON-SHELDON WALKER-De-HAARTE an infant by his Mother HELSA WALKER, and his Father SHELDON De-HAARTE, and SHELDON De-HAARTE and HELSA WALKER, Individually
Claimant short name:
WALKER-De-HAARTE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106203
Motion number(s):
M-70750
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
RAYMOND A. RASKIN, ESQ.
Defendant’s attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Albert E. Masry, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 11, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

In reaching its decision on the instant motion, the Court has read and considered the following papers:


(1) Notice of Motion to Amend Caption and to Extend Time to File Note of Issue by 120 Days, dated September 23, 2005 and filed September 28, 2005, together with Exhibits “A” and “B”;


(2) Affirmation in Support of Raymond A. Raskin, Esq., dated September 23, 2005 and filed September 28, 2005;


(3) Affirmation of Assistant Attorney General Albert E. Masry, dated October 2, 2005 and filed on October 4, 2005.

In his application, the attorney for the infant Claimant, Raymond A. Raskin, seeks to amend the caption and to remove Helsa Walker as a party. The application also seeks to extend the time to file the Note of Issue (Affirmation in Support of Raymond Raskin, Esq., p 1 [unpaginated]). The State does not oppose the application provided possible future testimony of Ms. Walker is precluded (Affirmation of Assistant Attorney General Albert Masry, p 2 [unpaginated]).

The basis for removal of Ms. Walker is that she has failed to appear for a deposition and has refused to cooperate (Affirmation in Support, p 2). Based upon Ms. Walker’s failure to cooperate, counsel believes the father of the infant — Claimant Sheldon De-Haarte, who is already a Claimant in the present action — as his representative, would be in the infant’s best interest (Affirmation in Support, p 2).

The Claim herein is for failure to properly deliver the instant Claimant herein, to wit, a torsion was applied to his neck, resulting in the stretching of the recurrent laryngeal nerve, causing paralysis of the infant’s vocal cord (Exhibit “A” annexed to the Affirmation in Support, pp 1-2).

After reviewing the application, and there having been no opposition thereto, both branches of the application are granted: Ms. Walker is hereby removed as a representative of her son, and the caption is to be amended to reflect that fact; the Note of Issue shall be filed within 120 days of this Order. Ms. Walker is precluded from testifying at the Trial.

Ms. Walker’s Claim, as an individual, shall be dismissed unless she submits to an oral Examination Before Trial within sixty (60) days.



April 11, 2006
Albany, New York

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