Claimant's motion for a trial preference is denied as moot.
|Claimant(s):||DR, RICHARD SUNDAY IFILL|
|Claimant short name:||IFILL|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||JUDITH A. HARD|
|Claimant's attorney:||Dr. Richard Sunday Ifill, Pro Se|
|Defendant's attorney:||Hon. Letitia James, Attorney General
By: Ed J. Thompson, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||April 15, 2019|
|See also (multicaptioned case)|
Claimant, an inmate proceeding pro se, filed the instant claim on November 6, 2017 seeking damages for injuries sustained as a result of negligent medical treatment at Five Points Correctional Facility. Claimant now moves to advance the claim to an immediate trial on the ground that he is entitled to a trial preference in the interest of justice (CPLR 3403 [a] ). Defendant opposes the motion.
By letter dated April 3, 2019, the Court advised claimant that this claim has been scheduled for trial on June 26, 2019 at Five Points Correctional Facility, which is the Court's next available trial term.
Accordingly, claimant's motion seeking a trial preference (M-93198) is DENIED as moot.
April 15, 2019
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims
1. Verified Claim, filed on November 6, 2017.
2. Motion to Advance Case to Immediate Trial, dated October 21, 2018; and Affidavit in Support of Motion for Immediate Trial, sworn to by claimant on October 21, 2018, with Attachments.
3. Affirmation in Opposition, affirmed by Ed J. Thompson, AAG on December 26, 2018.
4. Reply to Defendant's Opposition, sworn to by claimant on December 30, 2018.