"WOLTER v. THE STATE OF NEW YORK, #2003-028-508, Claim No. 98193 "
WOLTER v. THE STATE OF NEW YORK, #2003-028-508, Claim No. 98193, Motion No. M-66148 Synopsis Claimant’s motion for permission to discontinue infant’s action in Court of Claims granted. Case Information UID: 2003-028-508 Claimant(s): DALE ANNE WOLTER, as Parent and Natural Guardian of MATTHEW N. WOLTER, an infant. Claimant short name: WOLTER Footnote (claimant name) : Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 98193 Motion number(s): M-66148 Cross-motion number(s): Judge: RICHARD E. SISE Claimant’s attorney: MARTIN, HARDING AND MAZZOTTI BY: Elizabeth A. Graziane, Esq. Defendant’s attorney: HON. ELIOT SPITZER, ATTORNEY GENERAL BY: Michael Rizzo, Esq. Assistant Attorney General Third-party defendant’s attorney: Signature date: February 21, 2003 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision The following papers were read on Claimant’s motion for permission to discontinue Claim on behalf of infant child: 1) Notice of Motion and Supporting Affirmation of Elizabeth A. Graziane, Esq., filed December 13, 2002 (Graziane Affirmation) with annexed Exhibits; and Petition of Dale Anne Wolter 2) Letter of Elizabeth A. Graziane, Esq. Dated January 2, 2003. OPPOSITION: NONE. The underlying Claim seeks damages for the alleged negligence of the Defendant which resulted in injury to the infant Matthew N. Wolter and other family members. The instant application seeks permission to discontinue the instant action and the Defendant has not opposed Claimant’s application. Prior to the making of the instant application, the parties, with counsel, appeared before the Court to detail the proposed basis for discontinuing this claim and the need for the instant application. The Court has now reviewed the detailed submission made on behalf of Claimant and is satisfied both as to the propriety of the discontinuance in this Court and, as importantly, that the information imparted to Ms. Wolter enabled her to have a full understanding of this stage in this litigation (see, Graziane Affirmation; see also, Petition of Dale Anne Wolter). Furthermore, the proposed settlement has been approved by the Surrogate’s Court, Clinton County (see, Graziane Letter). Accordingly, the motion is granted. Based upon the foregoing, Motion M-66148 is GRANTED. The Claimant shall execute a Stipulation of Discontinuance and forward same to the Attorney General to be executed and returned to the Court for filing. February 21, 2003 Albany, New York HON. RICHARD E. SISE Judge of the Court of Claims