New York State Court of Claims

New York State Court of Claims
STATE FARM a/s/o VISCA v. THE STATE OF NEW YORK, # 2010-031-054, Claim No. , Motion No. M-78272

Synopsis

Unopposed motion for permission to file late claim is granted.

Case information

UID: 2010-031-054
Claimant(s): STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AS SUBROGEE OF VALENTINO A. VISCA
Claimant short name: STATE FARM a/s/o VISCA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s):
Motion number(s): M-78272
Cross-motion number(s):
Judge: RENÉE FORGENSI MINARIK
Claimant's attorney: ALI, PAPPAS & COX, P.C.
BY: DAVID P. DOHERTY, ESQ.
Defendant's attorney: HON. ANDREW M. CUOMO
New York State Attorney General
BY: REYNOLDS E. HAHN, ESQ.
Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 27, 2010
City: Rochester
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers, numbered 1 to 3, were read on motion by Claimant for permission to file a late claim:

1. Claimant's Notice of Motion, filed May 12, 2010;

2. Affidavit of Marianne Morse, sworn to April 30, 2010, with attached exhibits;

3. Correspondence of Reynolds E. Hahn, Esq., dated July 15, 2010.

With this motion, State Farm Mutual Automobile Insurance Company ("State Farm") requests permission to file a late claim pursuant to 10(6) of the Court of Claims Act ("CCA"). On September 16, 2009, State Farm's insured, Valentino A. Visca, was involved in a motor vehicle accident which occurred on State Route 259 at its intersection with the on ramp to State Route 531 in the Town of Ogden, New York. At that time, Mr. Visca's vehicle was struck by a vehicle owned by the New York State Department of Transportation and driven by Timothy Rosenberg. Claimant alleges that the accident was the result of negligence on Mr. Rosenberg's part when he failed to yield the right of way and turned left in front of Mr. Visca's vehicle. In its proposed claim, State Farm alleges a subrogation cause of action and seeks to recover $2,471.41 in insurance benefits paid to Mr. Visca.

Through his correspondence dated July 15, 2010, Defendant's counsel has indicated that Defendant does not oppose Claimant's application. I, therefore, find that the application should be granted. I note, however, that the proposed claim asserts that the accident occurred on December 16, 2009, while the supporting affidavit and attached police report both indicate that the accident actually occurred on September 16, 2009.

Accordingly, it is hereby

ORDERED, that Claimant's motion for permission to file a late claim is GRANTED. Claimant is directed to file and serve a claim identical to the proposed claim submitted in support of this motion, except that the date of the accident shall be corrected to indicate that the accident occurred on September 16, 2009, and to do so in conformance with the requirements of CCA  10, 11 and 11-a within sixty (60) days from the date this decision and order is filed.

September 27, 2010

Rochester, New York

RENÉE FORGENSI MINARIK

Judge of the Court of Claims