New York State Court of Claims

New York State Court of Claims
BEST v. THE STATE OF NEW YORK, # 2017-040-131, Claim No. 122099

Synopsis

Claim dismissed as Claimant failed to appear for Trial and prosecute the Claim.

Case information

UID: 2017-040-131
Claimant(s): SEAN BEST
Claimant short name: BEST
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 122099
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Sean Best, Pro Se
Defendant's attorney: ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: Thomas R. Monjeau, Esq., AAG
Third-party defendant's attorney:
Signature date: October 30, 2017
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Sean Best's pro se Claim was filed with the Office of the Clerk of the Court on December 5, 2012. By letter dated August 9, 2017, the Court scheduled a trial of this matter to be held on October 18, 2017, with the parties at Eastern NY Correctional Facility in Naponoch, 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.

October 30, 2017

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims