New York State Court of Claims

New York State Court of Claims
ROGERS v. THE STATE OF NEW YORK, DEPT. OF CORRECTIONAL SERVICES, # 2018-054-002, Claim No. 120280

Synopsis

No appearance at trial, no forwarding address for released pro se inmate claimant, claim dismissed for failure to prosecute.

Case information

UID: 2018-054-002
Claimant(s): KYLE K. ROGERS
Claimant short name: ROGERS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK, DEPT. OF CORRECTIONAL SERVICES
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 120280
Motion number(s):
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: KYLE K. ROGERS
Pro Se
Defendant's attorney: HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Christina Calabrese, Assistant Attorney General
Third-party defendant's attorney:
Signature date: January 25, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The trial of this claim was heard on January 25, 2018 via video-conferencing technology.

By letter dated December 22, 2017, the Court scheduled a trial of this pro se claim to be held on January 25, 2018. The letter sent to claimant at his last known address was returned to the Court. Claimant has failed to notify the Court of any change of his address as required by 22 NYCRR 206.6 (f). Claimant did not appear today for the scheduled trial nor did he contact the Court seeking an adjournment of the trial.

At the outset of trial, counsel for the State made a motion to dismiss the claim pursuant to Court of Claims Act 19 (3) for failure to prosecute the action and claimant's failure to appear for the scheduled trial. The Court GRANTED the State's motion.

January 25, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims