New York State Court of Claims

New York State Court of Claims
MEEHAN v. THE STATE OF NEW YORK, # 2021-028-504, Claim No. 134544, Motion No. M-96304

Synopsis

Case information

UID: 2021-028-504
Claimant(s): MEEHAN OF HUNTINGTON, INC.
Claimant short name: MEEHAN
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) : The caption of this action has been amended to reflect the only proper defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 134544
Motion number(s): M-96304
Cross-motion number(s):
Judge: RICHARD E. SISE
Claimant's attorney: ZABELL & COLLOTTA, P.C.
BY: Ryan M. Eden, Esq.
Defendant's attorney: HON. LETITIA JAMES, ATTORNEY GENERAL
BY: Alex J. Freundlich, Esq.
Assistant Attorney General
Third-party defendant's attorney:
Signature date: February 10, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers were read on Defendant's motion for a stay of the action:

1. Notice of Motion filed December 21, 2020;

2. Affirmation of Alex J. Freundlich dated December 21, 2020;

3. Affirmation of Ryan M. Eden dated December 28, 2020;

4. Affirmation of Alex J. Freundlich dated December 29, 2020.

Filed papers: Verified Claim, Decision and Order filed October 13, 2020.

Defendant has moved for an order pursuant to CPLR 2201 staying all proceedings in this matter pending a determination of an appeal of a decision and order of the court denying defendant's motion to dismiss. The appeal seeks a review of the determination that the State of New York is not entitled to immunity for the actions which form the basis of the claim. While the court believes that the motion was correctly decided, for reasons made evident in the underlying decision, a stay of the proceedings in this action is appropriate.

Accordingly, it is

ORDERED, that the motion is granted and all proceedings in this action are stayed pending a resolution of defendant's appeal of the decision and order of this court filed on October 13, 2020.

February 10, 2021

Albany, New York

RICHARD E. SISE

Judge of the Court of Claims