Vogel v. State

187 Misc. 2d 186
CourtNew York Court of Claims
DecidedDecember 29, 2000
DocketClaim No. 101994-A
StatusPublished
Cited by5 cases

This text of 187 Misc. 2d 186 (Vogel v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vogel v. State, 187 Misc. 2d 186 (N.Y. Super. Ct. 2000).

Opinion

OPINION OF THE COURT

Philip J. Patti, J.

Defendant moved to dismiss this action for alleged defamation on the grounds that the claim was untimely and that an absolute privilege for quasi-judicial communications shields it from liability for the statements at issue. Claimant responded that her claim was timely because a coclaimant served a notice of intention within 90 days after the claim accrued. She also argued that no privilege attached to the communications because they were made in a proceeding to which she was not a party. In a cross motion, she sought an order compelling defendant to respond to certain discovery and to sanction defendant for noncompliance pursuant to CPLR 3126.

For the reasons stated below, I conclude that defendant waived its objection to the timeliness of the claim, and that absolute immunity shields defendant from liability. Defendant’s motion is granted. Claimant’s motion is denied on the grounds that it is moot.

This is (or at least appears to be) a story of love under extremely trying circumstances. Marjorie Vogel, claimant, is an Assistant Probation Officer employed by the Wyoming County Probation Department. James Blackwell, who describes himself as Vogel’s fiancé, is an inmate in the custody of the New York State Department of Correctional Services. He resided, at all times relevant to this proceeding, in the Wyoming Correctional Facility. The two filed this claim together on February 22, 2000; however, it is only the claim of Ms. Vogel that is before me now.

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Related

Kocontes v. McQuaid
778 N.W.2d 410 (Nebraska Supreme Court, 2010)
Milner v. New York State Higher Education Services Corp.
4 Misc. 3d 221 (New York State Court of Claims, 2004)
Lepkowski v. State of NY
802 N.E.2d 1094 (New York Court of Appeals, 2003)
Turner v. State
2 Misc. 3d 370 (New York State Court of Claims, 2003)
Graham v. Goord
301 A.D.2d 882 (Appellate Division of the Supreme Court of New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
187 Misc. 2d 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogel-v-state-nyclaimsct-2000.