New York State Court of Claims

New York State Court of Claims

CLINKSCALES v. THE STATE OF NEW YORK, #2005-019-005, Claim No. 104283


Synopsis


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

Case Information

UID:
2005-019-005
Claimant(s):
JOHN CLINKSCALES
Claimant short name:
CLINKSCALES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104283
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
JOHN CLINKSCALES, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Levene, Gouldin & Thompson, LLPDonald M. Flanagan, Esq., 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 15, 2001. The Verified Answer on behalf of the State was filed on June 18, 2001. On October 27, 2004 this claim was transferred to the Individual Assignment Calendar of the Hon. Ferris D. Lebous. On December 6, 2004, the court received a letter from claimant requesting a trial date regarding this matter.


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 the law firm of Levene, Gouldin & Thompson, Donald F. Flanagan, Esq., of counsel, who informed the court that it was ready to proceed. Claimant failed to appear.


In light of the foregoing, Claim No. 104283 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