New York State Court of Claims

New York State Court of Claims

MC GUIRE v. NEW YORK STATE THRUWAY AUTHORITY and its officers, agents, servants and employees, #2009-010-015, Claim No. NONE, Motion No. M-76383


Synopsis


Late claim application granted.

Case Information

UID:
2009-010-015
Claimant(s):
JOHN MC GUIRE
Claimant short name:
MC GUIRE
Footnote (claimant name) :

Defendant(s):
NEW YORK STATE THRUWAY AUTHORITY and its officers, agents, servants and employees
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-76383
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
ZECCOLA & SELINGER, LLCBy: Mark Schwab, Esq.
Defendant’s attorney:
LAW OFFICES OF KENNETH ARTHUR RIGBY, PLLCBy: Kenneth Arthur Rigby, Esq.
Third-party defendant’s attorney:

Signature date:
July 20, 2009
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court and oral argument was heard on July 20, 2009 regarding claimant’s unopposed motion for leave to serve and file a late claim:
Notice of Motion, Attorney’s Supporting Affirmation and Exhibits

By this Court’s Decision and Order filed-stamped January 13, 2009, claimant’s initial late claim application (CM-75980) was denied without prejudice to his bringing an application upon proper papers with supporting documentation addressed to the factors set forth in Court of Claims Act §10(6) (Claimant’s Ex. C). Accordingly, claimant brings this application (M-76383) with supporting documentation to establish the appearance of merit.

The Court has reviewed the papers submitted by claimant and the arguments made by the parties. Upon consideration of all the relevant factors set forth in Court of Claims Act §10(6), the Court found that claimant has established the appearance of merit of his claim and that defendant has failed to demonstrate any undue prejudice to defendant if the Court were to grant claimant’s application. Accordingly, the Court rendered decision from the bench GRANTING claimant’s application. Further, the Court directed claimant to serve a claim (in the same form as the Proposed Claim, Claimant’s Ex. A), upon defendant and to file the claim with the Clerk of the Court within 30 days of filed-stamping of this Order.

It is noted that the Court’s conclusion with regard to the appearance of merit of this allegation is limited to the Court’s ruling on this motion and that a greater burden of proof rests upon claimant to prevail at trial.


July 20, 2009
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims