New York State Court of Claims

New York State Court of Claims
CASANOVA v. THE STATE OF NEW YORK, # 2019-040-125, Claim No. 128001

Synopsis

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

Case information

UID: 2019-040-125
Claimant(s): LAZARO CASANOVA, #12A5427
Claimant short name: CASANOVA
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128001
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Lazaro Casanova, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Thomas J. Reilly, Esq., AAG
Third-party defendant's attorney:
Signature date: November 19, 2019
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Lazaro Casanova's pro se Claim was filed in the Office of the Clerk of the Court on May 27, 2016. By letter dated June 24, 2019, the Court scheduled a trial of this matter to be held on November 14, 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.

On the morning of trial, Claimant was to be transported from Franklin Correctional Facility (hereinafter, "Franklin") to Clinton Correctional Facility, so he could appear at trial. Claimant did not appear at trial, and the Court received by e-mail, a copy of a Franklin "Court Refusal Form" stating Claimant was refusing to board the bus and come to Court (Court Ex. 1). 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.

November 19, 2019

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims