New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2004-015-430, Claim No. 106013, Motion No. M-68845


Claim dismissed pursuant to 22 NYCRR 206.10 (f) upon claimant's failure to appear at a scheduled conference following the withdrawal of counsel.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant's attorney:
Margaret Green, Pro SeNo Appearance
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
October 12, 2004
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


Defendant's motion to dismiss the claim pursuant to 22 NYCRR 206.10 upon the claimant's failure to appear for a scheduled conference is granted. The underlying personal injury claim sought to recover damages sustained by claimant in a trip and fall in front of the Faculty Towers Building at the State University of New York at New Paltz on August 29, 2000. Claimant was originally represented by counsel who upon their own motion were relieved from representation by decision and order of the Court dated March 18, 2004. That decision and order required claimant to inform the Court of the name and address of her new attorney or of her intention to proceed on a self-represented basis within 45 days of service upon her of the Court's decision and order. Proof of service demonstrating personal service of the decision and order upon the claimant on April 3, 2004 by one of the methods prescribed by CPLR 308 was received by the Court Clerk on April 19, 2004. Claimant has failed to contact the Court as directed within the 45-day period which expired on May 19, 2004.

By letter dated June 2, 2004 the Court directed claimant to participate in a telephone conference scheduled for June 14, 2004 at 10:00 a.m. to determine the status of the claim. Although claimant contacted chambers by telephone upon receipt of the Court's letter and provided three phone numbers to be used by the Court to contact her, she was not available at any of the numbers provided at the time designated for the conference. Claimant has furthermore failed to respond to subsequent calls by the Court even though a message was left with an adult female at her home phone and a voice mail message was left on her cell phone.

Thereafter, the Court by letter dated June 28, 2004 further directed claimant and defense counsel to appear at a conference scheduled at Chambers in Saratoga Springs on July 19, 2004 at 11:00 a.m. At that time and place defense counsel appeared but claimant did not appear.

Defendant now moves to dismiss the claim pursuant to 22 NYCRR 206.10 based upon claimant's failure to appear at the scheduled conference. The motion which was not opposed is granted and the claim is hereby dismissed pursuant to 22 NYCRR 206.10 (f).

October 12, 2004
Saratoga Springs, New York

Judge of the Court of Claims

The Court considered the following papers:
  1. Notice of motion dated July 22, 2004;
  2. Affirmation of Glenn C. King dated July 22, 2004 with exhibit.