Claimant "out to court" and may have not received the Court's letter scheduling the trial. Claim reinstated.
|Claimant short name:||SKINNER|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||ANTHONY SKINNER
|Defendant's attorney:||HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Douglas R. Kemp, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||April 4, 2018|
|See also (multicaptioned case)|
The trial of this claim was scheduled to be heard on March 29, 2018 via video-conferencing technology.
By letter dated February 5, 2018, the Court scheduled a trial of this pro se claim to be held on March 29, 2018. The letter was sent to claimant at his last known address at Fishkill Correctional Facility. Claimant did not appear for the scheduled trial nor did he contact the Court seeking an adjournment of the trial. At trial, the Court granted the State's motion to dismiss the claim pursuant to Court of Claims Act § 19 (3) and 22 NYCRR 206.15 due to claimant's failure to appear for the scheduled trial and his failure to prosecute the action.
The Court has since learned that, while claimant remains housed at Fishkill Correctional Facility, the New York State Department of Corrections and Community Supervision's website indicates that he is "out to court." Therefore, claimant may be temporarily housed in another correctional facility and may not have received the Court's letter scheduling his trial.Accordingly, the Court hereby vacates its Order of Dismissal and reinstates the claim.
April 4, 2018
White Plains, New York
Judge of the Court of Claims