New York State Court of Claims

New York State Court of Claims

TARBELL v. THE STATE OF NEW YORK , #2001-030-506, Claim No. 97266


Synopsis



Case Information

UID:
2001-030-506
Claimant(s):
ROY TARBELL
Claimant short name:
TARBELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97266
Motion number(s):

Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Roy Tarbell, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Michael Zeytoonian, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 29, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Roy Tarbell, the Claimant herein, alleges in Claim number 97266 that the State was negligent in failing to properly deliver property deposited with its agents at Sing Sing Correctional Facility (hereafter Sing Sing) to his mother's home address on or about March 20, 1997. Trial of this matter was to be had at Sing Sing on August 3, 2001.

Prior to the trial date, this court received a letter from Mr. Tarbell dated July 24, 2001 indicating his intent to withdraw his claim, since United Parcel Service had compensated him for his loss some time previously. The Court advised him that an Order dismissing his Claim would be entered upon his failure to appear on the scheduled trial date.

When the case was called on August 3, 2001, the Court was notified that the Claimant had refused to board the bus which had been provided to transport him for his trial, consistent with his prior communications with the Court. Accordingly, Claim number 97266 was dismissed in its entirety on that date.

The Chief Clerk is directed to enter judgment accordingly.



August 29, 2001
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims