New York State Court of Claims

New York State Court of Claims
MILLER v. THE STATE OF NEW YORK, # 2019-040-070, Claim No. 121057

Synopsis

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

Case information

UID: 2019-040-070
Claimant(s): JOSEPH MILLER
Claimant short name: MILLER
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 121057
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Joseph Miller, 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

Joseph Miller's pro se Claim was filed in the Office of the Clerk of the Court on March 19, 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