New York State Court of Claims

New York State Court of Claims
BOOKER v. THE STATE OF NEW YORK

Dr. D. SMITH: GREENE CORRECTIONAL

Dr. JANE DOE ? ALBANY MEDICAL

, # 2018-054-106, Claim No. 129654

Synopsis

Case information

UID: 2018-054-106
Claimant(s): KEITH BOOKER
Claimant short name: BOOKER
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Dr. D. SMITH: GREENE CORRECTIONAL
Dr. JANE DOE ? ALBANY MEDICAL
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129654
Motion number(s):
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: KEITH BOOKER
Pro Se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Paul Cagino, Assistant Attorney General
Third-party defendant's attorney:
Signature date: October 16, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Pro se inmate trial, no appearance, new address not known, claim dismissed pursuant to Court of Claims Act 19 (3) and 22 NYCRR 206.15.

The trial of this claim was scheduled to be heard on October 16, 2018 via video-conferencing technology.

By letter dated August 7, 2018, the Court scheduled a trial of this pro se claim to be held on October 16, 2018. The letter, sent to claimant at his last known address, was not returned to the Court. Claimant has failed to notify the Court of any change of address as required by 22 NYCRR 206.6 (f) and a search of the Court records indicates that claimant has not communicated with the Court since his release from State custody on October 12, 2017. 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) and 22 NYCRR 206.15 for failure to prosecute the action and claimant's failure to appear for the scheduled trial. The Court GRANTED the State's motion and the claim was dismissed.

October 16, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims