New York State Court of Claims

New York State Court of Claims

SANCHEZ v. THE STATE OF NEW YORK, #2001-028-0546, Claim No. 101701, Motion No. M-63716


Synopsis



Case Information

UID:
2001-028-0546
Claimant(s):
RICALDO SANCHEZ
Claimant short name:
SANCHEZ
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101701
Motion number(s):
M-63716
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
RICALDO SANCHEZ, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Michael Rizzo, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 1, 2001
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on claimant's motion for an adjournment of the trial date:


• ab Notice of Motion and Supporting Affidavit of Ricaldo Sanchez, filed July 5, 2001 (Sanchez Affidavit).

• abOpposition: None

Filed Papers: Claim, filed December 29, 1999, Verified Answer, filed February 8, 2000.

This Claim arises from the alleged inadequate and inappropriate medical care provided to Claimant while he was incarcerated at the Eastern Correctional Facility (Eastern). The matter was set down for trial and the Court directed that any application for the appearance of witnesses and/or production of documents be made on or before July 25, 2001.

The instant application ensued by which the pro se claimant seeks an adjournment of the trial for sixty days to retain counsel. The Court has carefully reviewed the Claim filed in this proceeding and notes that due to the complexity of the issues raised Claimant would be well served by retaining counsel. Based upon claimant's affirmative representation, the Court will adjourn the trial. Absent good cause shown, this is the only adjournment that Claimant will be granted. Claimant's retained counsel shall file a Notice of Appearance with the Clerk of this Court on or before October 5, 2001, otherwise Claimant will be expected to proceed to trial at the Court's next trial term.

Accordingly, Claimant's motion is granted.



August 1, 2001
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims