Opinion
# 2021-028-504 Claim No. 134544 Motion No. M-96304
02-10-2021
MEEHAN OF HUNTINGTON, INC. v. THE STATE OF NEW YORK
ZABELL & COLLOTTA, P.C. BY: Ryan M. Eden, Esq. HON. LETITIA JAMES, ATTORNEY GENERAL BY: Alex J. Freundlich, Esq. Assistant Attorney General
Synopsis
Case information
| UID: | 2021-028-504 |
| Claimant(s): | MEEHAN OF HUNTINGTON, INC. |
| Claimant short name: | MEEHAN |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption of this action has been amended to reflect the only proper defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 134544 |
| Motion number(s): | M-96304 |
| Cross-motion number(s): | |
| Judge: | RICHARD E. SISE |
| Claimant's attorney: | ZABELL & COLLOTTA, P.C. BY: Ryan M. Eden, Esq. |
| Defendant's attorney: | HON. LETITIA JAMES, ATTORNEY GENERAL BY: Alex J. Freundlich, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 10, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read on Defendant's motion for a stay of the action:
1. Notice of Motion filed December 21, 2020;
2. Affirmation of Alex J. Freundlich dated December 21, 2020;
3. Affirmation of Ryan M. Eden dated December 28, 2020;
4. Affirmation of Alex J. Freundlich dated December 29, 2020.
Filed papers: Verified Claim, Decision and Order filed October 13, 2020.
Defendant has moved for an order pursuant to CPLR 2201 staying all proceedings in this matter pending a determination of an appeal of a decision and order of the court denying defendant's motion to dismiss. The appeal seeks a review of the determination that the State of New York is not entitled to immunity for the actions which form the basis of the claim. While the court believes that the motion was correctly decided, for reasons made evident in the underlying decision, a stay of the proceedings in this action is appropriate.
Accordingly, it is
ORDERED, that the motion is granted and all proceedings in this action are stayed pending a resolution of defendant's appeal of the decision and order of this court filed on October 13, 2020.
February 10, 2021
Albany, New York
RICHARD E. SISE
Judge of the Court of Claims