Weiser v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The principal issues to be resolved on this motion are whether and under what circumstances a party in the Court of Claims may obtain a trial preference.

It is an area not addressed by the Court of Claims Act nor by the rules of this court. Therefore, we should be guided by the provisions of the Civil Practice Law and Rules to the extent that they can be made to conform to the procedures of this court. (CPLR 101; McNamara, The Court of Claims: Its Development and Present Role in the Unified Court System, 40 St John’s L Rev 1, 8.)

CPLR article 34 deals…