New York State Court of Claims

New York State Court of Claims

MOORE v. THE STATE OF NEW YORK, #2005-019-006, Claim No. 100152


Synopsis


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

Case Information

UID:
2005-019-006
Claimant(s):
DUANE MOORE
Claimant short name:
MOORE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100152
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
DUANE MOORE, 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 April 13, 1999. The State's Verified Answer was filed on May 17, 1999. On February 21, 2002 this claim was scheduled for a calendar call in Albany, New York. Claimant indicated in writing that he wished to continue with his claim. The matter was then transferred to the Individual Assignment Calendar of the Hon. Ferris D. Lebous.

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. 100152 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