New York State Court of Claims

New York State Court of Claims
RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-054-027, Claim No. 129614

Synopsis

claim dismissed pursuant to 22 NYCRR 206.15 for claimant's failure to appear for the scheduled trial

Case information

UID: 2019-054-027
Claimant(s): JAVIER RODRIGUEZ
Claimant short name: RODRIGUEZ
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129614
Motion number(s):
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: JAVIER RODRIGUEZ
Pro Se
Defendant's attorney: HON. LETITIA JAMES
Attorney General for the State of New York
By: Thomas J. Reilly, Assistant Attorney General
Third-party defendant's attorney:
Signature date: May 13, 2019
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The trial of this claim was scheduled to be heard on May 10, 2019 via video-conferencing technology.

By letter dated February 27, 2019, the Court scheduled a trial of this pro se claim to be held on May 10, 2019. The letter, sent to claimant at his last known address, was returned to the Court. Claimant has failed to notify the Court of any change of address as required by 22 NYCRR 206.6 (f). Claimant did not appear today for the scheduled trial nor did he contact the Court seeking an adjournment of the trial.

At the outset of trial, counsel for the State made a motion to dismiss the claim pursuant to 22 NYCRR 206.15 for claimant's failure to appear for the scheduled trial.

The Court GRANTED the State's motion and the claim was dismissed for claimant's failure to appear for the scheduled trial and to prosecute the action (see Court of Claims Act 19 [3]; 22 NYCRR 206.15).

May 13, 2019

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims