New York State Court of Claims

New York State Court of Claims
SKINNER v. THE STATE OF NEW YORK, # 218-054-039, Claim No. 122032

Synopsis

Claimant "out to court" and may have not received the Court's letter scheduling the trial. Claim reinstated.

Case information

UID: 218-054-039
Claimant(s): ANTHONY SKINNER
Claimant short name: SKINNER
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 122032
Motion number(s):
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: ANTHONY SKINNER
Pro Se
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
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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

WALTER RIVERA

Judge of the Court of Claims