New York State Court of Claims

New York State Court of Claims
PETERSON v. THE STATE OF NEW YORK, # 2018-045-509, Claim No. 118713

Synopsis

Claims dismissed as claimant failed to appear at Trial to prosecute the claim.

Case information

UID: 2018-045-509
Claimant(s): ALVIN PETERSON
Claimant short name: PETERSON
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 118713
Motion number(s):
Cross-motion number(s):
Judge: GINA M. LOPEZ-SUMMA
Claimant's attorney: Alvin Peterson, Pro Se
Defendant's attorney: Hon. Barbara D. Underwood, Attorney General
By: Elizabeth Gavin, Assistant Attorney General
Third-party defendant's attorney:
Signature date: August 9, 2018
City: Hauppauge
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, Alvin Peterson, a pro se inmate, filed a claim with the Clerk of the Court on July 29, 2010. By letter dated June 20, 2018 the Court scheduled a trial of this matter to be held on August 7, 2018 at Downstate Correctional Facility.

At the beginning of the trial, the State made a motion to dismiss the claim for failure to prosecute the action based upon claimants' failure to appear for trial. The Court noted that the letter dated June 20, 2018 was returned to sender 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.

August 9, 2018

Hauppauge, New York

GINA M. LOPEZ-SUMMA

Judge of the Court of Claims