Legal Opinion

First Church in Albany of Reformed Church in America v. State

New York Court of Claims

Decided June 13, 2002No. Motion No. M-64702PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Richard E. Sise, J.

Claimant’s application for an order to compel an oral examination pursuant to Court of Claims Act § 17-a is denied. The court lacks jurisdiction/authority to compel attendance at the preclaim examination.

*67Defendant seeks to examine claimant with regard to a notice of intention to file a claim served upon defendant1 on or about January 26, 2001 (see, Ceresia affidavit, exhibit A). Pursuant to Court of Claims Act § 17-a, which authorizes such examination, defendant served a notice for examination (see, Ceresia affidavit, exhibit B). At the request of…

2Cases cited11 opinions

  1. ALOUETTE FASHIONS, INC. v. Consol. Edison Co. of New York, Inc.New York Court of Appeals · 1987
  2. Arcila v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1996
  3. Alouette Fashions, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Ruiz v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  5. Town of Johnstown v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1971

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3Cited by1 opinion

  1. Turner v. StateNew York Court of Claims · 2006

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