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Deering v. State

Supreme Court of New York, Fourth Department

November 15, 2013

LEE-ANN DEERING, CLAIMANT-APPELLANT,
v.
STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION, 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.

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.

PRESENT: SMITH, J.P., CARNI, SCONIERS, AND VALENTINO, JJ.

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 A.D.3d 1102, 1102), this appeal must be dismissed (see Matter of Gasparro v Edwards, 85 A.D.3d 1222, 1222 n; see generally Matter of Cucinella v New York City Tr. Auth., 82 A.D.3d 1453, 1454).


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