|Claimant(s):||AURA OLIVA and RUFINO OLIVA|
|Claimant short name:||OLIVA|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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.