New York State Court of Claims

New York State Court of Claims

SANTIAGO v. THE STATE OF NEW YORK, #2000-015-504, Claim No. 96310


Synopsis


When without a good excuse an inmate fails to attend the scheduled trial of his claim this Court has the discretion under Court of Claims Act § 19 (3) to dismiss the claim for failure to appear to prosecute.

Case Information

UID:
2000-015-504
Claimant(s):
LUIS SANTIAGO
Claimant short name:
SANTIAGO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of this claim has been amended sua sponte to reflect the State of New York as the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96310
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Luis Santiago, Pro SeNo Appearance
Defendant's attorney:
Honorable Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey
Third-party defendant's attorney:

Signature date:
April 7, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by an inmate appearing pro se alleging that negligence and improper medical care by employees of the Department of Correctional Services caused him to sustain a permanent injury to his knee. By letter dated February 4, 2000, claimant was given notice that his claim was scheduled for trial on March 15, 2000 at Marcy Correctional Facility. During February and March of this year claimant was incarcerated at Wende Correctional Facility in Alden, New York. Claimant was not present when his claim was called for trial and the Court received into evidence as Court's Exhibit 1 a report from the Department of Correctional Services stating that claimant had refused transportation for his Court appearance as "he advised that he doesn't want to pursue the claim any longer and will refuse to go tomorrow".

When without a good excuse an inmate fails to attend the scheduled trial of his claim this Court has the discretion under Court of Claims Act § 19 (3) to dismiss the claim for failure to appear or prosecute (
Shabazz v State of New York, 191 AD2d 832). Upon this record, that is the appropriate relief to be granted to the defendant.
The Clerk is directed to enter a judgement in accord with this decision.


April 7, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims