Inmate failed to appear at trial and failed to notify the Court of new address.
|Claimant short name:||RAY|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Gina M. Lopez-Summa|
|Claimant's attorney:||Hon. Eric T. Schneiderman, Attorney General
By: Heather Rubinstein, Assistant Attorney General
|Defendant's attorney:||Leon Ray, Pro Se
By: No Appearance
|Third-party defendant's attorney:|
|Signature date:||November 2, 2017|
|See also (multicaptioned case)|
Claimant, Leon Ray, a pro se inmate, filed a claim with the Clerk of the Court on November 17, 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. The Court noted that claimant was released on December 13, 2016 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