On December 14, 2023 a
Motion-Secondary
was filed
involving a dispute between
Justice M Baker,
and
Amber M Egelston,
City Of Rome,
Matthew J Rivera,
for Torts - Motor Vehicle
in the District Court of Oneida County.
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FILED: ONEIDA COUNTY CLERK 01/16/2024 10:34 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/16/2024
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ONElDA
JUSTICE M. BAKER, AFFIRMATION
PURSUANT TO CPLR 2106
Plaintiff,
v. Index No. EFCA2023-003225
MATTHEW J. RIVERA,
AMBER M. EGELSTON, and
CITY OF ROME
Defendants.
I, Joseph G. Guiliano, being duly sworn, affirm under the penalties of perjury:
1. I am the current Commissioner of Public Works for the City of Rome.
Previously, I was employed as an Engineer for the City of Rome Public Works
Department. At all times hereinafter mentioned I was employed by the City of Rome
Public Works Department.
2. As Commissioner of Public Works and previously in my capacity as an
Engineer, I am familiar with the highways and roads owned, operated, and maintained
by the City of Rome and ensure that those highways and roads are properly maintained.
3. I submit this affirmation in support of the defendant, CITY OF ROME's
("the City"), motion to dismiss the complaint of the plaintiff, pursuant to CPLR
3211(a)(7), for a failure to state a cause of action against the City.
4. The complaint alleges an accident occurred on Black River Boulevard,
approximately 400 feet Northeast of Oak Street (also known as New York State Route
46), a highway owned, controlled, and maintained by the New York State Department of
Transportation ("NYSDOT").
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1 of 2
FILED: ONEIDA COUNTY CLERK 01/16/2024 10:34 AM INDEX NO. EFCA2023-003225
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/16/2024
5. As Commissioner of Public Works for the City, and previously as an
Engineer for the City, I am aware that under Vehicle and Traffic Law, the NYSDOT has
jurisdiction over all State Routes.
6. The City of Rome is not responsible for maintaining the segment of Black
River Boulevard where the alleged accident occurred, as it is designated a New York
State Route under the jurisdiction of the NYSDOT. The City's involvement with this road
is confined to providing snow plowing services in the winter months and conducting
minimal maintenance activities related solely to its utilities. These duties do not
encompass any aspects related to the crosswalk or signage.
I, Jospeh G. Guiliano, affirm this
1 day of January, 2024, pursuant to CPLR
2106, under the penalties of perjury under the laws of New York, which may include a
fine or imprisonment, that the foregoing is true, and I understand that this document will
be filed in a proceeding in a court of law.
DATED: Rome, New York
January , 2024
s p ui iano
Commissioner of Public Works
City of Rome
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2 of 2
Document Filed Date
January 16, 2024
Case Filing Date
December 14, 2023
Category
Torts - Motor Vehicle
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FILED: ONEIDA COUNTY CLERK 01/16/2024 10:34 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/16/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF ONElDA JUSTICE M. BAKER, AFFIRMATION PURSUANT TO CPLR 2106 Plaintiff, v. Index No. EFCA2023-003225 MATTHEW J. RIVERA, AMBER M. EGELSTON, and CITY OF ROME Defendants. I, Joseph G. Guiliano, being duly sworn, affirm under the penalties of perjury: 1. I am the current Commissioner of Public Works for the City of Rome. Previously, I was employed as an Engineer for the City of Rome Public Works Department. At all times hereinafter mentioned I was employed by the City of Rome Public Works Department. 2. As Commissioner of Public Works and previously in my capacity as an Engineer, I am familiar with the highways and roads owned, operated, and maintained by the City of Rome and ensure that those highways and roads are properly maintained. 3. I submit this affirmation in support of the defendant, CITY OF ROME's ("the City"), motion to dismiss the complaint of the plaintiff, pursuant to CPLR 3211(a)(7), for a failure to state a cause of action against the City. 4. The complaint alleges an accident occurred on Black River Boulevard, approximately 400 feet Northeast of Oak Street (also known as New York State Route 46), a highway owned, controlled, and maintained by the New York State Department of Transportation ("NYSDOT"). 1 1 of 2 FILED: ONEIDA COUNTY CLERK 01/16/2024 10:34 AM INDEX NO. EFCA2023-003225 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/16/2024 5. As Commissioner of Public Works for the City, and previously as an Engineer for the City, I am aware that under Vehicle and Traffic Law, the NYSDOT has jurisdiction over all State Routes. 6. The City of Rome is not responsible for maintaining the segment of Black River Boulevard where the alleged accident occurred, as it is designated a New York State Route under the jurisdiction of the NYSDOT. The City's involvement with this road is confined to providing snow plowing services in the winter months and conducting minimal maintenance activities related solely to its utilities. These duties do not encompass any aspects related to the crosswalk or signage. I, Jospeh G. Guiliano, affirm this 1 day of January, 2024, pursuant to CPLR 2106, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding in a court of law. DATED: Rome, New York January , 2024 s p ui iano Commissioner of Public Works City of Rome 2 2 of 2