New York State Court of Claims

New York State Court of Claims

MONREAL v. THE STATE OF NEW YORK, #2008-038-596, Claim No. 113889, Motion No. M-74811


Synopsis



Case Information

UID:
2008-038-596
Claimant(s):
F. JAVIER MONREAL, M.D.
Claimant short name:
MONREAL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113889
Motion number(s):
M-74811
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
F. JAVIER MONREAL, M.D., Pro se
Defendant’s attorney:
No Appearance
Third-party defendant’s attorney:

Signature date:
May 12, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

By motion dated April 10, 2008, claimant seeks “reconsideration/postponement-adjournment” of a Decision and Order of this Court, filed on April 4, 2008, which denied claimant’s motion for summary judgment, granted defendant’s motion for summary judgment and dismissed the claim. Claimant is of the view that a favorable result from the Appellate Division, Third Department on his pending appeal in a related proceeding will alter this Court’s decision. In essence, claimant requests that this Court withdraw or vacate its order, and then hold in abeyance the motions for summary judgment until the Appellate Division renders its decision. Defendant has submitted no papers in opposition to this motion.

There is no statutory basis for the relief claimant seeks, and thus, it will not be granted. If claimant receives a favorable decision from the Appellate Division in the future, and if he continues to hold the view that such a decision should alter this Court’s decision, he may then make an appropriate motion.

Accordingly, it is ordered that Motion No. M-74811 is DENIED.


May 12, 2008
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered
:


(1) Decision and Order, Monreal v The State of New York, Claim No. 113889, DeBow, J.,

filed April 4, 2008;

(2) Notice of Motion, dated April 10, 2008;

(3) Motion, dated April 10, 2008, with exhibits.