New York State Court of Claims

New York State Court of Claims

MATHIEU v. THE STATE OF NEW YORK, #2008-044-013, Claim No. 105667, Motion No. None


Synopsis


Pro se claimant’s request to withdraw his bailment claim is granted.

Case Information

UID:
2008-044-013
Claimant(s):
PATRICK MATHIEU
Claimant short name:
MATHIEU
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105667
Motion number(s):
None
Cross-motion number(s):

Judge:
CATHERINE C. SCHAEWE
Claimant’s attorney:
PATRICK MATHIEU, pro se
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERALBY: Carol A. Cocchiola, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 20, 2008
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a former inmate proceeding pro se, filed this claim to recover for personal property which was allegedly damaged during his transfer from Woodbourne Correctional Facility to Wyoming Correctional Facility. Defendant State of New York (defendant) answered.

By letter dated May 12, 2008, the Court notified the parties that this claim was scheduled for a calendar call to be held in the Binghamton District on July 9, 2008 at 10:30 a.m. Additionally, claimant was advised that his failure to appear at the calendar call could result in the dismissal of his claim.

Defendant appeared at the aforementioned calendar call by Assistant Attorney General (AAG) Carol A. Cocchiola, who informed the Court that the State was ready to proceed. Claimant did not appear at the appointed time, and defendant moved to dismiss the claim based upon claimant’s failure to appear at a scheduled conference. The Court reserved decision. Approximately 1½ hours later, claimant arrived in the Courtroom. The Court contacted AAG Cocchiola and reconvened the conference.

At that time, claimant stipulated on the record that he did not wish to proceed with this action, and wanted to withdraw his claim. Accordingly, claimant’s request is granted, and the Clerk of the Court is directed to mark Claim No. 105667 withdrawn (see CPLR 3217 [b]).

August 20, 2008
Binghamton, New York

HON. CATHERINE C. SCHAEWE
Judge of the Court of Claims