New York State Court of Claims

New York State Court of Claims
HERNANDEZ v. THE STATE OF NEW YORK, # 2021-040-021, Claim No. 133138

Synopsis

Claim dismissed as Pro Se Claimant failed to appear at two conferences pursuant to the Uniform Rules for the Court of Claims 206.10(g).

Case information

UID: 2021-040-021
Claimant(s): PHILIP HERNANDEZ
Claimant short name: HERNANDEZ
Footnote (claimant name) : Caption amended to reflect Claimant's name only.
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): 133138
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Philip Hernandez, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Shadi Masri, Esq., AAG
Third-party defendant's attorney:
Signature date: June 16, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

This Claim, which was filed in the office of the Clerk of the Court on May 23, 2019, alleges that Claimant was assaulted on June 2, 2018 at approximately 1:15 p.m., while in the bathroom at Greene Correctional Facility, as a result of Defendant's negligence.

By Order of Acting Presiding Judge Richard E. Sise, dated January 8, 2021, this Claim was reassigned from the prisoner pro se calendar to the Individual Assignment Calendar of the undersigned. By letter, dated February 8, 2021, the parties were advised that a Preliminary Conference would be held by telephone on March 30, 2021 at 10:30 a.m. The Court directed that Claimant provide it with his daytime telephone number upon receipt of that letter. The parties were advised that failure to appear at the conference would be considered a calendar default and subject the defaulting party to a penalty pursuant to the Uniform Rules for the Court of Claims 206.10(g). Claimant did not appear at the conference, nor did he contact the Court. Defense counsel was present.

Thereafter, the Court sent the parties another letter, dated April 1, 2021, scheduling a telephone conference for June 8, 2021 at 11:30 a.m. Again, the Court directed Claimant that he needed to provide the Court with his daytime telephone number, and reminded the parties that failure to appear at the conference would be considered a calendar default and would subject the defaulting party to a penalty pursuant to the Uniform Rules for the Court of Claims 206.10(g).

On April 13, 2021, Claimant called Chambers to provide the Court with his telephone number and to advise that he had a new address. Claimant was advised that he needed to provide his new address to the Clerk of the Court in writing as required by the Uniform Rules for the Court of Claims 206.6(f).

On June 8, 2021, Claimant did not appear at the conference, nor did he contact the Court. Defense counsel was present. The Court also notes that Claimant has not provided his new address to the Clerk of the Court.

Claimant has failed to appear at two Court conferences as set forth above. Defense counsel was present on both occasions.

Therefore, in accordance with the Uniform Rules for the Court of Claims 206.10(g), it is hereby ORDERED that Claim No. 133138 be dismissed based upon Claimant's failure to appear at scheduled conferences on March 30, 2021 and June 8, 2021.

June 16, 2021

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims