New York State Court of Claims

New York State Court of Claims
AHLERS v. THE STATE OF NEW YORK, # 2021-040-033, Claim No. 122653-A

Synopsis

Claim dismissed as pro se Claimant failed to appear at two conferences, pursuant to the Uniform Rules for th Court of Claims 206.10(g).

Case information

UID: 2021-040-033
Claimant(s): KARL AHLERS
Claimant short name: AHLERS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 122653-A
Motion number(s):
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Karl Ahlers, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Michael C. Rizzo, Esq., AAG
Third-party defendant's attorney:
Signature date: August 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 March 29, 2013, alleges that Defendant was negligent in failing to release him from the custody of the New York State Department of Corrections and Community Supervision on his statutory release date of June 11, 2002 (Claim, 2). Issue was joined when the State served and filed its Verified Answer on April 24, 2013. By letter dated February 18, 2015, from Acting Chief Clerk Scott M. Murphy, the Claim was assigned to the Individual Assignment Calendar of the undersigned.

By letter, dated October 23, 2015, the Court advised Claimant that, pursuant to CPLR 3216(b), he was required to resume prosecution of the Claim and serve and file a Note of Issue and Certificate of Readiness within ninety (90) days of his receipt of the letter. Claimant filed the Note of Issue and Certificate of Readiness with the Clerk of the Court on November 20, 2015. Thereafter, by correspondence, dated January 27, 2016, the Court sent Claimant a Trial Form to complete. The Court received the completed Trial Form from Claimant on February 3, 2016.

By letter, dated April 12, 2019, the parties were advised that a status conference would be held by telephone on May 30, 2019 at 10:30 a.m. The letter was sent to Claimant at Central New York Psychiatric Center, Box 300, Marcy, NY 13403, the address that the Court had on file for Claimant, which is the address it had previously corresponded to Claimant as set forth above. 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). On April 19, 2019, the above letter addressed to Claimant was returned to the Court by the U.S. Postal Service with a printed notation "RETURN TO SENDER." 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 June 28, 2021, scheduling a telephone conference for August 10, 2021 at 11:30 a.m. Again, 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). On July 8, 2021, the above letter addressed to Claimant was returned to the Court by the U.S. Postal Service with printed notations "RETURN TO SENDER" and "RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SORT IN MANUAL ONLY NO AUTOMATION."

On August 10, 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, as the return notation from the Postal Service indicated an inability to forward the letter to Claimant (Uniform Rules for the Court of Claims 206.6[f]).

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. 122653-A be dismissed based upon Claimant's failure to appear at scheduled conferences on May 30, 2019 and August 10, 2021.

August 16, 2021

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims