New York State Court of Claims

New York State Court of Claims

JONES v. THE STATE OF NEW YORK, #2008-044-014, Claim No. 106213, Motion No. None


Synopsis


Defendant’s motion to dismiss claim is granted pursuant to Uniform Rules of the Court of Claims (22 NYCRR) § 206.10 (g), based upon pro se claimant’s failure to appear at scheduled calendar call.

Case Information

UID:
2008-044-014
Claimant(s):
DAVID JONES
Claimant short name:
JONES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106213
Motion number(s):
None
Cross-motion number(s):

Judge:
CATHERINE C. SCHAEWE
Claimant’s attorney:
DAVID JONES, 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 alleging that he received negligent medical care while in the custody of the Department of Correctional Services. 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 Carol A. Cocchiola, who informed the Court that the State was ready to proceed. Claimant did not appear. Defendant moved to dismiss the claim based upon claimant’s failure to appear at a scheduled conference. In light of claimant’s failure to appear, defendant’s motion is granted.

Accordingly, Claim No. 106213 is dismissed pursuant to the Uniform Rules for the Court of Claims (22 NYCRR) § 206.10 (g).


August 20, 2008
Binghamton, New York

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