New York State Court of Claims

New York State Court of Claims

BURCH v. THE STATE OF NEW YORK, #2009-032-143, Claim No. 111507, Motion No. M-76874


Synopsis



Case Information

UID:
2009-032-143
Claimant(s):
DR. JAMES BURCH and MELISSA BURCH, as Legal Guardian of WILLIAM BURCH and WILLIAM BURCH
Claimant short name:
BURCH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111507
Motion number(s):
M-76874
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Gerard V. Heckler, Esq.
Defendant’s attorney:
Hon. Andrew M. Cuomo, NYS Attorney GeneralBy: Glenn C. King, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
September 3, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves this Court for an Order dismissing Claim No. 111507, filed in 2005, pursuant to CPLR 3216. No opposition has been submitted by Claimants. For the reasons set forth below, this Court grants Defendant’s motion and dismisses the claim. By an Order issued March 3, 2009, this Court directed counsel for Claimants to serve and file a Note of Issue and Certificate of Readiness, and resume prosecution of the claim, within 90 days or be subject to dismissal of the claim pursuant to CPLR 3216. No Note of Issue and Certificate of Readiness has been filed on Claimants’ behalf and there has been no request for an extension of time or other relief. The Court had previously reminded the Claimants’ attorney to file a Note of Issue and Certificate of Readiness in September 2008. Accordingly, it is

ORDERED, that Claim No. 111507 is hereby dismissed for want of prosecution pursuant to CPLR 3216.

September 3, 2009
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion to Dismiss, dated June 23, 2009, and Affirmation of Glenn C. King, AAG, dated June 23, 2009;

2. No Opposition.

Papers Filed: Claim, filed October 17, 2005; Verified Answer, filed November 18, 2005; Order of Hon. Judith A. Hard, dated March 3, 2009.