New York State Court of Claims

New York State Court of Claims
MARTINEZ v. THE STATE OF NEW YORK, # 2019-040-133, Claim No. 128153

Synopsis

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

Case information

UID: 2019-040-133
Claimant(s): HENCHAUSTI MARTINEZ
Claimant short name: MARTINEZ
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) : Caption amended to reflect the State of New York as the proper defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128153
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Henchausti Martinez, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Charles Lim, Esq., AAG
Third-party defendant's attorney:
Signature date: November 26, 2019
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Henchausti Martinez' pro se Claim was filed in the Office of the Clerk of the Court on June 30, 2016. By letter dated June 24, 2019, the Court scheduled a trial of this matter to be held on November 15, 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.

November 26, 2019

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims