New York State Court of Claims

New York State Court of Claims
MALIK, ROGERS v. THE STATE OF NEW YORK, # 2017-040-091, Claim No. 124841

Synopsis

Claim dismissed based upon Claimant's failure to appear at Trial.

Case information

UID: 2017-040-091
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.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 124841
Motion number(s):
Cross-motion number(s):
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
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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