Opinion
920 CA 19-02128
02-11-2021
Alysa OCASIO, Andrew Ocasio and Jahaira Holder, as Administratrix of the Estate of Sandy Guardiola, Claimants-Appellants, v. STATE of New York, Defendant-Respondent. (Claim No. 132102.)
BELDOCK LEVINE & HOFFMAN LLP, NEW YORK CITY (LUNA DROUBI OF COUNSEL), FOR CLAIMANTS-APPELLANTS. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
BELDOCK LEVINE & HOFFMAN LLP, NEW YORK CITY (LUNA DROUBI OF COUNSEL), FOR CLAIMANTS-APPELLANTS.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: CARNI, J.P., LINDLEY, WINSLOW, BANNISTER, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated in the decision and order at the Court of Claims (Martin, J.) insofar as the court granted defendant's pre-answer motion to dismiss the amended claim on the ground that the notice of intention to file a claim and the amended notice of intention to file a claim "did not ‘provide a sufficiently detailed description of the particulars of the claim to enable [defendant] to investigate and promptly ascertain the existence and extent of its liability’ " ( Flemming v. State of New York , 120 A.D.3d 848, 848, 991 N.Y.S.2d 181 [3d Dept. 2014] ; see Cendales v. State of New York , 2 A.D.3d 1165, 1167, 770 N.Y.S.2d 174 [3d Dept. 2003] ). Although claimants state in their notice of appeal that they appeal from each and every part of the decision and order, claimants do not raise in their brief any contentions concerning that part of the order dismissing the individual claims of claimants Alysa Ocasio and Andrew Ocasio. We therefore deem any issues with respect thereto abandoned (see Ciesinski v. Town of Aurora , 202 A.D.2d 984, 984, 612 N.Y.S.2d 983 [4th Dept. 1994] ).
In light of our determination, we do not address claimants’ remaining contentions.