New York State Court of Claims

New York State Court of Claims
SMITH v. THE STATE OF NEW YORK, # 2019-040-109, Claim No. 126158

Synopsis

Claim dismissed for failure to prosecute as pro se Claimant failed to appear on Trial date.

Case information

UID: 2019-040-109
Claimant(s): KENNETH SMITH
Claimant short name: SMITH
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 126158
Motion number(s):
Cross-motion number(s):
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
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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