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
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
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.