New York State Court of Claims

New York State Court of Claims
BARTLEY v. THE STATE OF NEW YORK, # 2020-015-062, Claim No. 126999

Synopsis

Claim was dismissed, sua sponte, as claimant failed to timely file and serve a note of issue and certificate of readiness for trial and failed to appear at a scheduled telephone conference.

Case information

UID: 2020-015-062
Claimant(s): MARK BARTLEY
Claimant short name: BARTLEY
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 126999
Motion number(s):
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: No Appearance
Defendant's attorney: Honorable Letitia James, Attorney General
By: Thomas Trace, Associate Attorney
Third-party defendant's attorney:
Signature date: July 8, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, seeks damages for injuries allegedly sustained during the course of his incarceration at Marcy Correctional Facility.

Subsequent to the filing of this claim on November 5, 2015, claimant was released from prison. By Order dated January 23, 2020, claimant was directed to file and serve a Note of Issue and Certificate of Readiness for Trial on or before April 29, 2020. Claimant failed to timely file and serve the Note of Issue and Certificate of Readiness for Trial, and the Court therefore scheduled a telephone conference for June 30, 2020. Claimant failed to appear at the conference or otherwise communicate with the Court regarding his inability to do so. Given claimant's default in appearing at the conference, the claim is dismissed pursuant to Court of Claims Act § 19 (3) and 22 NYCRR 206.10 (g).

July 8, 2020

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims