No appearance at trial, no forwarding address for released pro se inmate claimant, claim dismissed for failure to prosecute.
|Claimant(s):||KYLE K. ROGERS|
|Claimant short name:||ROGERS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, DEPT. OF CORRECTIONAL SERVICES|
|Footnote (defendant name) :|
|Claimant's attorney:||KYLE K. ROGERS
|Defendant's attorney:||HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
By: Christina Calabrese, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||January 25, 2018|
|See also (multicaptioned case)|
The trial of this claim was heard on January 25, 2018 via video-conferencing technology.
By letter dated December 22, 2017, the Court scheduled a trial of this pro se claim to be held on January 25, 2018. The letter sent to claimant at his last known address was returned to the Court. Claimant has failed to notify the Court of any change of his address as required by 22 NYCRR § 206.6 (f). Claimant did not appear today for the scheduled trial nor did he contact the Court seeking an adjournment of the trial.
At the outset of trial, counsel for the State made a motion to dismiss the claim pursuant to Court of Claims Act § 19 (3) for failure to prosecute the action and claimant's failure to appear for the scheduled trial. The Court GRANTED the State's motion.
January 25, 2018
White Plains, New York
Judge of the Court of Claims