New York State Court of Claims

New York State Court of Claims
HINTON v. THE STATE OF NEW YORK, # 2017-045-518, Claim No. 125879

Synopsis

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

Case information

UID: 2017-045-518
Claimant(s): AHIRA HINTON
Claimant short name: HINTON
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 125879
Motion number(s):
Cross-motion number(s):
Judge: Gina M. Lopez-Summa
Claimant's attorney: Ahira Hinton, 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, Ahira Hinton, a pro se inmate, filed a claim with the Clerk of the Court on March 30, 2015. 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 the letter dated September 1, 2015 was returned to sender, that claimant was released on November 3, 2016 and that claimant has failed to notify the Court of his new address as required by 22 NYCRR 206.6 (f).

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