New York State Court of Claims

New York State Court of Claims
CORNWELL v. THE STATE OF NEW YORK, # 2017-045-512, Claim No. 124324

Synopsis

Inmate failed to appear at trial and failed to notify the Court of new address.

Case information

UID: 2017-045-512
Claimant(s): JUSTIN CORNWELL
Claimant short name: CORNWELL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) : The caption has been amended, sua sponte to reflect the State of New York as the only properly named defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 124324
Motion number(s):
Cross-motion number(s):
Judge: Gina M. Lopez-Summa
Claimant's attorney: Justin Cornwell, Pro Se
By: No Appearance
Defendant's attorney: Hon. Eric T. Schneiderman, Attorney General
By: Heather Rubinstein, Assistant Attorney General
Third-party defendant's attorney:
Signature date: November 2, 2017
City: Hauppauge
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, Justin Cornwell, a pro se inmate, filed a claim with the Clerk of the Court on May 8, 2014. By letter dated September 1, 2017, the Court scheduled a trial of this matter to be held on October 16, 2017 at Fishkill Correctional Facility.

At the beginning of the trial, defendant made a motion to dismiss the claim for failure to prosecute the action based upon claimant's failure to appear for trial as well as for failure to serve the claim upon the Office of the Attorney General. The Court noted that claimant was released on December 3, 2015 and that claimant has failed to notify the Court of his new address as required by 22 NYCRR 206.6 (f). In addition, the Office of the Attorney General submitted an affidavit which set forth that notwithstanding the affidavit of service attached to the filed claim, defendant searched its records and no record was found establishing that the claim was served upon the Office of the Attorney General.

A bench decision was issued granting the States' motion to dismiss the claim pursuant to Court of Claims Act 19 (3) for the reasons set forth on the record and it is

ORDERED that the Claim is dismissed.

November 2, 2017

Hauppauge, New York

Gina M. Lopez-Summa

Judge of the Court of Claims