Opinion
# 2015-048-169 Claim No. 117104 Motion No. CM-85034
02-05-2015
MARK W. LEVOLA v. THE STATE OF NEW YORK
MARK W. LEVOLA, Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Thomas Trace, Esq. Senior Attorney
Synopsis
Defendant's motion to dismiss the Claim pursuant to CPLR 3216, based upon Claimant's failure to prosecute the Claim, for Claimant was denied.
Case information
| UID: | 2015-048-169 |
| Claimant(s): | MARK W. LEVOLA |
| Claimant short name: | LEVOLA |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 117104 |
| Motion number(s): | CM-85034 |
| Cross-motion number(s): | |
| Judge: | GLEN T. BRUENING |
| Claimant's attorney: | MARK W. LEVOLA, Pro Se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Thomas Trace, Esq. Senior Attorney |
| Third-party defendant's attorney: | |
| Signature date: | February 5, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, Mark W. Levola, seeks damages for personal injuries allegedly sustained between March 2007 and March 2009 as a result of Defendant's medical malpractice and/or negligence while he was an inmate at various Department of Correctional Services ("DOCS") facilities. By Decision and Order dated June 20, 2014, this Court, among other things, granted Claimant's Motion No. M-84220 seeking an extension of time by which he was to serve and file his Note of Issue and Certificate of Readiness until December 31, 2014. The Court further ordered that Defendant's Cross Motion No. CM-85034, seeking an order dismissing the Claim pursuant to CPLR 3216 based upon Claimant's failure to prosecute the Claim, be held in abeyance until December 31, 2014 (see Levola v State of New York, UID No. 2014-048-148 [Ct Cl, Bruening, J., June 20, 2014]. As Claimant filed his Note of Issue and Certificate of Readiness on December 23, 2014, it is hereby
DOCS is now known as the Department of Corrections and Community Supervision ("DOCCS") ( see L 2011, c 62, pt C, subpt A, § 4, eff. March 31, 2011).
ORDERED that Defendant's Cross Motion No. CM-85034 is denied.
February 5, 2015
Albany, New York
GLEN T. BRUENING
Judge of the Court of Claims