New York State Court of Claims

New York State Court of Claims
DANIEL v. THE STATE OF NEW YORK, # 2017-040-102, Claim No. 117086

Synopsis

Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.

Case information

UID: 2017-040-102
Claimant(s): JOSEPH DANIEL
Claimant short name: DANIEL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117086
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Joseph Daniel, Pro Se
Defendant's attorney: ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: Christina M. Calabrese, Esq., AAG
Third-party defendant's attorney:
Signature date: August 8, 2017
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Joseph Daniel's pro se Claim was filed with the Office of the Clerk of the Court on July 6, 2009. By letter dated April 4, 2017, the Court scheduled a trial of this matter to be held on August 1, 2017, with the parties at Clinton Correctional Facility in Dannemora, New York, and the Judge at the Court of Claims located in Albany, 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) and Section 206.6(f) of the Uniform Rules for the Court of Claims for the reasons set forth by the Court on the record, and it is

ORDERED that the Claim is dismissed.

August 8, 2017

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims