After the Court notified the pro se claimant that his continued failure to appear for case status conferences and to respond to pretrial discovery demands could result in the dismissal of his claim, claimant again failed to appear for a scheduled case status conference. Pursuant to Court of Claims Act Section 19 and 22 NYCRR 206.10 (g), the claim is dismissed without prejudice.
|Claimant short name:||ROSS|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||J. DAVID SAMPSON|
|Claimant's attorney:||LAWRENCE ROSS, Pro Se|
|Defendant's attorney:||HON. LETITIA JAMES
New York State Attorney General
BY: Michael T. Feeley, Esq.
Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||April 12, 2019|
|See also (multicaptioned case)|
Pro se claimant Lawrence Ross filed claim no. 131777 on July 27, 2018 alleging negligent supervision and protection of claimant on March 3, 2018 while he was incarcerated at Lakeview Shock Incarceration Facility (Lakeview). Issue was joined by the filing of an answer on August 13, 2018. Claimant was released from Lakeview on August 2, 2018.
An initial telephone case status conference was scheduled and conducted on November 19, 2018 at which time a further telephone case status conference was scheduled. By letter dated November 20, 2019 claimant was advised at the address provided to the Court of the next conference date of January 16, 2019. The Court's November 20, 2019 letter was not returned by the United States Postal Service and as such, was presumed delivered. Claimant did not answer the call from the Court at the time of the scheduled conference or return the Court's voicemail message.
By letter dated January 17, 2019, claimant was advised that another telephone case status conference had been scheduled for March 27, 2019. That conference was adjourned by the Court and a letter was sent the claimant on March 20, 2019 rescheduling the conference for April 10, 2019. Claimant was specifically warned in this letter that his failure to appear for this case status conference may result in the dismissal of the claim. Neither letter was returned to the Court by the United States Postal Service and both were presumed delivered. Claimant failed to appear, phone or advise the Court in writing of his whereabouts.
Accordingly, as a result of claimant's failure to appear for these case status conferences and otherwise conduct pretrial discovery to prosecute his claim, pursuant to Court of Claims Act § 19 and section 206.10 (g) of the Uniform Rules for the Court of Claims (22 NYCRR § 206.10 [g]), claim no. 131777 is dismissed without prejudice.
April 12, 2019
Buffalo, New York
J. DAVID SAMPSON
Judge of the Court of Claims