New York State Court of Claims

New York State Court of Claims

CASSESE v. THE STATE OF NEW YORK, #2003-030-028, Claim No. 105786


Synopsis


Defendant's motion to dismiss for calendar default and failure to appear and prosecute granted. Claim dismissed.

Case Information

UID:
2003-030-028
Claimant(s):
EDDIE CASSESE
Claimant short name:
CASSESE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105786
Motion number(s):

Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
EDDIE CASSESE, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: ELYSE J. ANGELICO, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
August 11, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Eddie Cassese, the Claimant herein, alleges in Claim Number 105786 that Defendant's agents negligently caused him to suffer personal injury because of a known dangerous condition while he was an inmate at Sing Sing Correctional Facility (hereafter Sing Sing). Trial of the matter was scheduled to proceed at Sing Sing on June 27, 2003.

On that date, Claimant failed to appear, although given an opportunity to do so. The Court was furnished with a copy of a Refusal to Attend Court Proceeding form, dated June 24, 2003, from Great Meadow Correctional Facility signed by Claimant indicating: "I, E. Cassese 94A6332 am refusing to appear in Court [of] Claims Court on 6/27/03. I have made the decision to refuse this court appearance on my own free will."

Accordingly, and as stated on the record on June 27, 2003, Defendant's motion to dismiss based upon a calendar default, and a failure to appear and prosecute [
See, 22 NYCRR §206.1(c); Civil Practice Law and Rules §3216], was and is granted, and Claim Number 105786 is dismissed in its entirety.
Let Judgment be entered accordingly.

August 11, 2003
White Plains, New York

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