DEERING, LEE-ANN v. STATE OF NEW YORK

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 15, 2013
• Docket: CA 12-02090
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

912 CA 12-02090 PRESENT: SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.

LEE-ANN DEERING, CLAIMANT-APPELLANT,

V MEMORANDUM AND ORDER

STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION, DEFENDANTS-RESPONDENTS.

LAW OFFICE OF WILLIAM MATTAR, P.C., WILLIAMSVILLE (APRIL J. ORLOWSKI OF COUNSEL), FOR CLAIMANT-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PAUL GROENWEGEN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered January 9, 2012. The order denied the motion of claimant for permission to file a late claim.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: In a proposed action to recover damages for injuries she allegedly sustained in a motor vehicle accident, claimant appeals from a January 2012 order denying her motion for permission to file a late claim pursuant to Court of Claims Act § 10 (6). That order was entered “without prejudice” to a further application by claimant. The Attorney General has informed this Court that the Court of Claims, by an August 2013 order, granted claimant permission to file a late claim. Because the August 2013 order affords claimant “all the relief she seeks and . . . thus renders the appeal moot” (Matter of Dye v Bernier, 104 AD3d 1102, 1102), this appeal must be dismissed (see Matter of Gasparro v Edwards, 85 AD3d 1222, 1222 n; see generally Matter of Cucinella v New York City Tr. Auth., 82 AD3d 1453, 1454).

Entered: November 15, 2013 Frances E. Cafarell Clerk of the Court