Claim dismissed for failure to appear at Trial and prosecute the Claim.
|Claimant(s):||DANNY E. FULLER|
|Claimant short name:||FULLER|
|Footnote (claimant name) :||Caption amended to reflect Claimant's proper name only.|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Danny E. Fuller, 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|
|See also (multicaptioned case)|
Danny E. Fuller's pro se Claim was filed in the Office of the Clerk of the Court on March 13, 2012. 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