New York State Court of Claims

New York State Court of Claims

BELKIN v. THE STATE OF NEW YORK and THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, #2007-039-022, Claim No. 110376, Motion No. M-72989


Synopsis


The infant claimant’s unopposed motion to voluntarily discontinue the claim is granted.

Case Information

UID:
2007-039-022
Claimant(s):
ALEXANDER BELKIN, an infant, by his Parent and Natural Guardian, VLADIMIR BELKIN, VLADIMIR BELKIN, Individually, and LIVBOV BELKIN, Individually
Claimant short name:
BELKIN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK and THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110376
Motion number(s):
M-72989
Cross-motion number(s):

Judge:
JAMES H. FERREIRA
Claimant’s attorney:
Robert M. Blakeman & AssociatesBy: Todd C. Rubenstein, Esq.
Defendant’s attorney:
Hon. Andrew M. Cuomo
Attorney General of the State of New York
By: Paul F. CaginoAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 20, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimants move the Court for an order permitting them to voluntarily discontinue their claim to recover damages for personal injuries allegedly sustained by Alexander Belkin, an infant, when he fell while participating in a ski lesson at Whiteface Mountain Ski Center. Defendant acknowledges receipt of claimants’ motion and does not oppose the relief requested.

A claim may not be discontinued “except upon order of the court and upon terms and conditions, as the court deems proper” where, among other things, a party to the claim is an infant (CPLR 3217 [a], [b]). “The determination of a motion for leave to voluntarily discontinue an action without prejudice pursuant to CPLR 3217 (b) rests within the sound discretion of the court” (Parraguirre v 27th St. Holding, LLC, 37 AD3d 793 [2007]). “In the absence of special circumstances, such as prejudice to a substantial right of the defendant, or other improper consequences, a motion for a voluntary discontinuance should be granted” (id., at 793-794).

In support of the instant motion, claimants have provided the Court with a letter dated August 10, 2006 wherein Vladimir and Livbov Belkin, the parents and natural guardians of the infant claimant, consented to the voluntary dismissal of this claim by placing their signatures at the bottom of the letter on August 23, 2006. The Court is also in receipt of a letter from defendant dated January 12, 2007 wherein it acknowledges receipt of claimants’ motion and declines to offer any opposition. There being no showing of prejudice to defendant, and claimants having consented to discontinuance of the claim, the Court finds no reason to deny claimants’ motion to voluntarily discontinue the claim.

Accordingly, it is ORDERED that M-72989 is hereby granted and the claim is discontinued; and it is further ORDERED that the Clerk of the Court is hereby directed to close the file.


June 20, 2007
Albany, New York

HON. JAMES H. FERREIRA
Judge of the Court of Claims


Papers Considered:

  1. Notice of Motion to Dismiss Complaint filed January 11, 2007;
  2. Affirmation in Support affirmed on January 8, 2007 with exhibit; and
  3. Correspondence by Paul F. Cagino, AAG dated January 12, 2007.