By her claim, Claimant alleges personal injuries arising out of a motor vehicle
accident which occurred on February 26, 2005 at the intersection of East Tupper
Street and Elm Street in the City of Buffalo, New York. The claim was filed on
February 21, 2007, and the Defendant’s answer was filed on April 3, 2007.
Subsequently, differences arose between Claimant and her counsel which
ultimately led to her counsel moving for permission to withdraw. By this
Court’s Decision and Order (see Wile v State of New York, Ct Cl,
July 16, 2007, Moriarty, J., Claim No. 113351, Motion No. M-73483, UID #
2007-037-029), counsel was permitted to withdraw and Claimant was required to
appear pro se or by new counsel within sixty (60) days of the filing of the
Decision and Order (August 21, 2007) or risk having her claim dismissed for
default. Claimant failed to appear pro se or by new counsel within the sixty
(60) day period.
By letter dated January 14, 2008, the Court directed Claimant and
Defendant’s counsel to appear on February 27, 2008 at 11:00
. for a conference. Once again, Claimant was advised that her failure to appear
could result in the dismissal of her claim. At 11:00
. and again at 11:30
the matter was called for the scheduled conference. Claimant neither appeared
pro se nor by counsel and failed to otherwise contact the Court. Defendant then
moved to dismiss the claim pursuant to 22 NYCRR 206.10 (g).
Based on Claimant’s failure to appear pro se or by new counsel within
sixty (60) days of the filing of this Court’s prior Decision and Order, or
to appear at the February 27, 2008 conference, it is hereby
ORDERED, that claim no. 113351 is dismissed.