Claim dismissed, failure to prosecute. Pro se Claimant failed to appear for trial.
|Claimant short name:||PAGAN|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. MCCARTHY|
|Claimant's attorney:||Nelson Pagan, Pro Se|
|Defendant's attorney:||ANDREW M. CUOMO
Attorney General of the State of New York
By: Kent B. Sprotbery, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||November 6, 2008|
|See also (multicaptioned case)|
The State's motion to dismiss for failure to prosecute is granted.
This Claim was filed with the Clerk of the Court by the pro se Claimant on August 7, 2002. The Claim alleges that on June 15, 2001, a hearing officer at a disciplinary hearing denied Claimant the right to call certain witnesses to testify on his behalf. At the conclusion of the hearing, Claimant was found guilty and received a sanction, which included three months in the Special Housing Unit (SHU) at Upstate Correctional Facility. In May 2002, the guilty determination was administratively reversed and his record expunged. Thereafter, Claimant filed this Claim for wrongful confinement.
This Claim was transferred from the Unassigned (Prisoner Pro Se) Calendar to the Individual Assignment Calendar of this Judge by Order of Acting Presiding Judge Thomas J. McNamara, filed on May 27, 2008. By letter dated June 5, 2008 this Court advised Claimant and Defendant that this matter was scheduled for trial on November 6, 2008 at 10:00 a.m. at the Court of Claims in Albany. The letter addressed to Claimant at his last-known address, which he provided to the Court by letter received March 21, 2007, was not returned to the Court.
Claimant has failed to appear and prosecute his Claim.
Based upon the foregoing and Claimant's failure to prosecute this matter, the Claim is hereby dismissed pursuant to § 19(3) of the Court of Claims Act and the Uniform Rules for the Court of Claims § 206.15.
November 6, 2008
Albany, New York
CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims