Claim dismissed for failure to prosecute as pro se Claimant failed to appear on Trial date.
|Claimant short name:||SMITH|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Kenneth Smith, Pro Se|
|Defendant's attorney:||LETITIA JAMES
Attorney General of the State of New York
By: Glenn C. King, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||November 8, 2019|
|See also (multicaptioned case)|
Kenneth Smith's pro se Claim was filed in the Office of the Clerk of the Court on May 15, 2015. By letter dated June 11, 2019, the Court scheduled a trial of this matter to be held on November 8, 2019, at the Court of Claims located in Albany, New York, due to Assistant Attorney General King's unavailability for the September 12, 2019 trial date the Court originally scheduled, as a trial date for another matter he was handling had already been scheduled for that date.
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 Section 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.
November 8, 2019
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims