New York State Court of Claims

New York State Court of Claims

DOE v. STATE OF NEW YORK, #2008-018-625, Claim No. NONE, Motion No. M-74840


Synopsis


The Court grants movant’s request to file a claim using pseudonyms for the minor child and the parent and natural guardian to preserve their privacy in a sensitive matter.

Case Information

UID:
2008-018-625
Claimant(s):
JOAN DOE, as Parent and Natural Guardian of JANE DOE, an infant
Claimant short name:
DOE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-74840
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
SUGARMAN LAW FIRM, LLPBy: Amy Vanderlyke, Esq.
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New York
By: Patricia M. Bordonaro, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 30, 2008
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

A pre-commencement motion having been made seeking an order granting permission tofile a claim using pseudonyms for the minor child and the parent and natural guardian, and the matter having come on to be heard, and

NOW, after reviewing the submissions of movant and the State of New York and it appearing that the claim will be brought by the parent and natural guardian on behalf of a minor child seeking damages for the alleged sexual assault of the minor child as a result of the State’s alleged negligence and defendant having no objection to the motion, and it appearing to the Court that there is good cause to protect the anonymity of the minor child to preserve privacy in a sensitive matter which outweighs the presumption of openness in judicial proceedings (see Doe v New York University, 6 Misc 3d 866, 878-881; Doe v State of New York, 86 Misc 2d 639). Accordingly, it is hereby

ORDERED, that movant’s motion is GRANTED. The title of the claim shall read as follows: Jane Doe, an infant by her Parent and Natural Guardian, Joan Doe. Movant may file a proposed claim using pseudonyms in the caption and body and in all subsequent documentation in this matter; and it is further

ORDERED, that the Clerk of the Court shall seal Exhibits A and B attached to movant’s motion.


June 30, 2008
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:

1. Notice of Motion.

2. Affirmation of Amy M. Vanderlyke, Esq., in support, with exhibits attached

thereto.

3. Affirmation of Patricia M. Bordonaro, Esq., Assistant Attorney General,

dated May 30, 2008.