New York State Court of Claims

New York State Court of Claims

RENELIQUE v. THE STATE OF NEW YORK, #2007-015-197, Claim No. 106334, Motion No. M-73035


Synopsis


Defendant's motion to dismiss claim for failure to prosecute was granted as the claimant failed to serve and file the note of issue within 90 days as demanded.

Case Information

UID:
2007-015-197
Claimant(s):
GARY RENELIQUE
Claimant short name:
RENELIQUE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106334
Motion number(s):
M-73035
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Gary Renelique, Pro SeNo Appearance
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 4, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves for an order dismissing this claim for failure to prosecute pursuant to CPLR 3216. No opposition having been submitted, the motion is granted. By order dated June 12, 2003 the Court dismissed as untimely all causes of action asserted except that which alleged an assault at Greene Correctional Facility on May 22, 2002. Issue was joined by the service of the defendant's answer on June 24, 2003. On October 27, 2006 the defendant served upon the claimant a demand to resume prosecution of this action and serve and file the note of issue within ninety days. This demand was served by certified mail, return receipt requested and received by the claimant on November 4, 2006 as evidenced by the return receipt which he signed on that date. Despite the passage of more than ninety days, the claimant has failed to resume prosecution of this action and serve and file the note of issue. There being no opposition to the defendant's motion to dismiss, the motion is granted and the claim is dismissed (see , CPLR 3216; Agnellino v Town of Tioga, 18 AD3d 1007 [2005]) .


June 4, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated March 6, 2007;
  2. Affirmation of Paul F. Cagino dated March 6, 2007 with exhibits.