New York State Court of Claims

New York State Court of Claims

PRYCE v. THE STATE OF NEW YORK, #2007-009-022, Claim No. 109542, Motion No. M-73423


Synopsis


Defendant’s motion to dismiss the claim based upon claimant’s failure to appear for an Independent Medical Examination was granted.

Case Information

UID:
2007-009-022
Claimant(s):
NEVILLE PRYCE
Claimant short name:
PRYCE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109542
Motion number(s):
M-73423
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
WALLACE & ASSOCIATES, P.C.
BY: Larry Wallace, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Heather R. Rubinstein, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
August 15, 2007
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order dismissing the claim pursuant to CPLR Rule 3212.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation 1,2

In a Decision and Order dated March 6, 2007 (see Motion No. M-72346)[1] this Court directed that claimant submit to an Independent Medical Examination within 45 days from the filing date of that Decision and Order. As set forth in defendant’s Affirmation in support of this motion, claimant has not appeared for such an examination, nor has defendant received any communication whatsoever from either claimant or claimant’s counsel. The Court also notes that neither claimant nor his counsel have submitted any papers in opposition to this motion.

Defendant has therefore established to the Court’s satisfaction that claimant has failed to comply with the directives set forth in this Court’s prior Decision and Order, justifying defendant’s motion to dismiss herein.
Accordingly, it is

ORDERED, that Motion No. M-73423 is hereby GRANTED; and it is further

ORDERED, that Claim No. 109542 is hereby DISMISSED.


August 15, 2007
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims




[1]. Pryce v State of New York, Ct Cl, March 6, 2007, Midey, J., Claim No. 109542, Motion No. M-72346, [UID #2007-009-003]). Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.