New York State Court of Claims

New York State Court of Claims
JOHNSON v. THE STATE OF NEW YORK, # 2019-040-066, Claim No. 120320

Synopsis

Claim dismissed for failure to appear at Trial and prosecute the Claim.

Case information

UID: 2019-040-066
Claimant(s): JAMES JOHNSON
Claimant short name: JOHNSON
Footnote (claimant name) : Caption amended to reflect Claimant's proper name only.
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) : Caption amended to reflect the State of New York as the proper defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 120320
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: James Johnson, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Christina Calabrese, Esq., AAG
Third-party defendant's attorney:
Signature date: August 15, 2019
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

James Johnson's pro se Claim was filed in Office of the Clerk of the Court on September 8, 2011. By letter dated April 1, 2019, the Court scheduled a trial of this matter to be held on August 13, 2019, with the parties at Clinton Correctional Facility in Dannemora, New York, and the Judge at the Court of Claims located in Albany, New York.

At the beginning of the trial, the State made a motion to dismiss the Claim on the basis that Claimant failed to appear for trial and, thus, failed to prosecute the Claim.

A bench decision was rendered granting the State's motion to dismiss pursuant to Court of Claims Act 19(3) and Sections 206.6(f) and 206.15 of the Uniform Rules for the Court of Claims for the reasons set forth by the Court on the record, and it is

ORDERED that the Claim is dismissed.

August 15, 2019

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims