New York State Court of Claims

New York State Court of Claims

WILE v. STATE OF NEW YORK, #2008-037-006, Claim No. 113351


Synopsis



Case Information

UID:
2008-037-006
Claimant(s):
AMY WILE
Claimant short name:
WILE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113351
Motion number(s):

Cross-motion number(s):

Judge:
JEREMIAH J. MORIARTY III
Claimant’s attorney:
Amy Wile, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo
New York State Attorney General
By: William D. LonerganAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 4, 2008
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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
A.M
. for a conference. Once again, Claimant was advised that her failure to appear could result in the dismissal of her claim. At 11:00
A.M
. and again at 11:30
A.M.
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.


March 4, 2008
Buffalo, New York

HON. JEREMIAH J. MORIARTY III
Judge of the Court of Claims