Claim dismissed based upon Claimant's failure to appear at Trial.
|Claimant(s):||ABDUL MALIK a/k/a BRYON E. ROGERS|
|Claimant short name:||MALIK, ROGERS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :||Caption amended to reflect the State of New York as the proper defendant.|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Abdul Malik a/k/a Bryon E. Rogers, Pro Se|
|Defendant's attorney:||ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: Thomas Trace, Senior Attorney
|Third-party defendant's attorney:|
|Signature date:||July 19, 2017|
|See also (multicaptioned case)|
Claimant's negligence and wrongful confinement Claim was filed with the office of the Clerk of the Court on August 14, 2014. By letter dated September 7, 2016, the Court scheduled a trial of this matter to be held on July 18, 2017 at the Court of Claims located in Utica, New York.
At the beginning of the trial, the State made a motion to dismiss the Claim on the basis that Claimant failed to appear for trial and, thus, failed to prosecute the Claim.
A bench decision was rendered granting the State's motion to dismiss pursuant to Court of Claims Act § 19(3) for the reasons set forth by the Court on the record, and it is
ORDERED that the Claim is dismissed.
July 19, 2017
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims