New York State Court of Claims

New York State Court of Claims
OLIVA v. THE STATE OF NEW YORK, # 2010-033-407, Claim No. 115286, Motion No. M-78107

Synopsis

Case information

UID: 2010-033-407
Claimant(s): AURA OLIVA and RUFINO OLIVA
Claimant short name: OLIVA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 115286
Motion number(s): M-78107
Cross-motion number(s):
Judge: James J. Lack
Claimant's attorney: Davis & Hersh, LLP
By: Jennifer L. DeVenuti, Esq.
Defendant's attorney: Andrew M. Cuomo, New York State Attorney General
By: Marcie K. Glasser, Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 24, 2010
City: Hauppauge
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

This is a claim for injuries by Aura Oliva and Rufino Oliva (hereinafter "claimants") due to the alleged medical malpractice of defendant. The alleged medical malpractice occurred between September 5, 2006 and September 18, 2006, at Stony Brook University Hospital, Stony Brook, New York.

A claim was served upon defendant in May 2008. Issue was joined upon defendant's answer on June 26, 2008. Thereafter, discovery was commenced between the parties. Claimants seek the testimony of Dr. Keivan Zandinejad as a non-party witness. Dr. Zandinejad was a resident physician at defendant's hospital and participated in the care of the claimant, Aura Oliva. Dr. Zandinejad is no longer employed at defendant's hospital and is practicing in Ohio.

Claimants submit a motion for an open commission to take the deposition of Dr. Zandinejad at a location set by the Superior Court of Ohio(1) .

Defendant submits no opposition to the granting of an open commission.(2)

Based upon the foregoing claimants' motion is granted. Claimants shall submit an order for the open commission within thirty (30) days of the filing date of this Decision and Order.

September 24, 2010

Hauppauge, New York

James J. Lack

Judge of the Court of Claims


1. The following papers have been read and considered on claimants' motion: Notice of Motion dated March 26, 2010 and filed March 31, 2010; Attorney Affirmation in Support of Motion of Jennifer L. DeVenuti, Esq. with annexed Exhibits A-E dated March 26, 2010 and filed March 31, 2010; Affirmation in Opposition of Marcie K. Glasser, Esq. dated April 1, 2010 and filed April 2, 2010; Attorney Reply Affirmation in Support of Motion of Jennifer L. DeVenuti, Esq. with annexed Exhibit A dated April 6, 2010 and filed April 8, 2010.

2. Defendant's only objection was to an open commission in Massachusetts because Dr. Zandinejad moved to Ohio.