New York State Court of Claims

New York State Court of Claims

VIZCARRONDO v. THE STATE OF NEW YORK, #2007-045-012, Claim No. 113308, Motion No. M-73427


Synopsis



Case Information

UID:
2007-045-012
Claimant(s):
STEVEN VIZCARRONDO
Claimant short name:
VIZCARRONDO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113308
Motion number(s):
M-73427
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Steven Vizcarrondo, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Michael C. Rizzo, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 11, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the Court on this Motion: Claimant’s Notice of Motion to Strike Defense from Answer, Claimant’s Affidavit in Support with annexed documents, Defendant’s letter addressed to the Chief Clerk of the Court of Claims dated May 29, 2007, the filed Verified Claim and the filed Verified Answer. Claimant, Steven Vizcarrondo, a pro se inmate, moves this Court for an order striking defendant’s fifth affirmative defense. In response to this motion, defendant sent a letter dated May 29, 2007, to claimant as well as the Chief Clerk of the Court of Claims wherein it consented to withdraw its fifth affirmative defense.

Therefore, for the foregoing reasons, this Court hereby strikes defendant’s fifth affirmative defense from the Verified Answer in this matter.


July 11, 2007
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims