New York State Court of Claims

New York State Court of Claims

MAILEY v. THE STATE OF NEW YORK, #2005-019-007, Claim No. 102706


Synopsis


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

Case Information

UID:
2005-019-007
Claimant(s):
DAVID M. MAILEY
Claimant short name:
MAILEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102706
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
DAVID M. MAILEY, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Geoffrey B. Rossi, 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 July 7, 2000. The State's Verified Answer was filed on August 7, 2000. On August 23, 2000 and May 9, 2001, in lieu of a preliminary conference, the court instructed the parties to agree on a timetable for the completion of discovery pursuant to the Uniform Rules for the Court of Claims (22 NYCRR) § 206.10. No such stipulation was ever received by the court.


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 Geoffrey B. Rossi, AAG who informed the court that it was ready to proceed. Claimant failed to appear.


In light of the foregoing, Claim No. 102706 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