New York State Court of Claims

New York State Court of Claims
MICHAEL P. v. THE STATE OF NEW YORK, # 2019-054-026, Claim No. 129444

Synopsis

dismissed for claimant's failure to appear for the scheduled conference and to prosecute the action

Case information

UID: 2019-054-026
Claimant(s): MICHAEL P. and TANYA P. as Guardians of A.P.
Claimant short name: MICHAEL P.
Footnote (claimant name) : It is noted that Michael P. has died since the commencement of this claim and is therefore not a proper party claimant. There is no application before the Court at this time to amend the caption with a representative of the decedent's estate.
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129444
Motion number(s):
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: TANAYA P.
Pro Se
Defendant's attorney: HON. LETITIA JAMES
Attorney General for the State of New York
By: Dian Kerr McCullough, Assistant Attorney General
Third-party defendant's attorney:
Signature date: May 14, 2019
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

By Decision and Order dated January 11, 2019 and filed on February 11, 2019, the Court scheduled a preliminary conference of the claim for 10:00 a.m. on May 9, 2019 and directed that claimant appear, either by counsel or pro se, and defense counsel appear in Court at the Court of Claims, 140 Grand Street, Suite 507, White Plains for the conference. The Order expressly provided, "[s]hould Tanya P. or her attorney fail to appear for the scheduled preliminary conference, this Court will dismiss the claim (22 NYCRR 206.10 [g])." Additionally, the Court sent a letter to claimant dated April 25, 2019 stating, "[t]his is a reminder that, in accordance with Hon. Walter Rivera's Decision and Order dated January 11, 2019, you (or your new counsel) are scheduled to appear for a conference at the Court of Claims, 140 Grand Street, Suite 507, White Plains, before Judge Rivera on Thursday, May 9, 2019 at 10:00 a.m. . . . Failure to appear at the conference will be considered a calendar default and will result in dismissal of the claim or other appropriate sanctions."

Claimant did not appear today for the scheduled preliminary conference. The State made a motion to dismiss the claim for claimant's failure to appear for the scheduled conference and to prosecute the action.

The Court GRANTED the State's motion and the claim was dismissed for claimant's failure to appear for the scheduled conference and to prosecute the action (see 22 NYCRR 206.10 [g]) .

May 14, 2019

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims