New York State Court of Claims

New York State Court of Claims
RODRIGUEZ v. THE STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2018-032-026, Claim No. 128912, Motion No. M-90909

Synopsis

The Court's Order to Show Cause is vacated as moot following the parties' filing of a stipulation of conditional dismissal.

Case information

UID: 2018-032-026
Claimant(s): MARK RODRIGUEZ and MICHELLE RODRIGUEZ
Claimant short name: RODRIGUEZ
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128912
Motion number(s): M-90909
Cross-motion number(s):
Judge: JUDITH A. HARD
Claimant's attorney: Sacks and Sacks, LLP
By Monty Doman, Esq.
Defendant's attorney: Perry, Van Etten, Rozanski & Primavera, LLP
By: Jeffrey K. Van Etten, Esq.
Third-party defendant's attorney:
Signature date: April 2, 2018
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimants filed the instant claim with the Clerk of the Court on December 7, 2016. On its own motion, the Court issued an Order to Show Cause dated August 4, 2017, directing claimants to demonstrate why the claim should not be dismissed for failure to comply with the service requirements of Court of Claims Act 11. Thereafter, the parties submitted to the Court a proposed Stipulation of Conditional Dismissal and Order. The Court signed the Stipulation and Order on March 19, 2018, and the Stipulation and Order was filed with the Clerk of the Court on March 29, 2018. Accordingly, it is

ORDERED, that the Court's motion (M-90909) is hereby vacated as moot.

April 2, 2018

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Claim, filed on December 7, 2016.