New York State Court of Claims

New York State Court of Claims

PATTERSON v. THE STATE OF NEW YORK, #2005-019-003, Claim No. 100309


Synopsis


Claim dismissed pursuant to the Uniform Rules for the Court of Claims (22 NYCRR) § 206.15.

Case Information

UID:
2005-019-003
Claimant(s):
JOHN PATTERSON
Claimant short name:
PATTERSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100309
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
JOHN PATTERSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General of counsel
Third-party defendant's attorney:

Signature date:
May 3, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This claim was called for a calendar call on April 5, 2005 held in and for the Binghamton District.

This claim was filed with the Clerk of the Court on May 7, 1999. The State's Verified Answer was filed on June 11, 1999. The court issued a Preliminary Conference Stipulation and Order dated August 30, 1999 requiring the note of issue be filed on or before November 20, 2000. On January 8, 2002, the court mailed to claimant at his last known address, via certified mail, return receipt requested, a 90-day demand letter to resume prosecution of his claim pursuant to CPLR § 3216 (b). The 90-day demand letter was returned as "unclaimed".


On January 28, 2005, the court notified both parties in writing that this claim was scheduled for a calendar call on April 5, 2005. Additionally, the court's letter advised claimant that the failure to appear at the calendar call may result in the dismissal of his claim.


The State appeared at the aforementioned calendar call by Joseph F. Romani, AAG who informed the court that it was ready to proceed. Claimant failed to appear.


In light of the foregoing, Claim No. 100309 is hereby DISMISSED pursuant to the Uniform Rules for the Court of Claims (22 NYCRR) § 206.10 (g).


May 3, 2005
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims