New York State Court of Claims

New York State Court of Claims
JENKINS v. THE STATE OF NEW YORK, # 2018-054-117, Claim No. 125217


Claimant requested an adjournment and was denied. Claim dismissed for failure to prosecute.

Case information

UID: 2018-054-117
Claimant(s): ANDRE JENKINS
Claimant short name: JENKINS
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 125217
Motion number(s):
Cross-motion number(s):
Claimant's attorney: FRANZBLAU DRATCH, P.C.
By: Brian Dratch, Esq.
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Joseph Scolavino, Assistant Attorney General
Third-party defendant's attorney:
Signature date: December 6, 2018
City: White Plains
Official citation:
Appellate results:
See also (multicaptioned case)


The trial of this claim was scheduled to be heard on December 5, 2018.

At the outset of trial, claimant's counsel indicated that claimant was unable to proceed with this trial of a medical malpractice claim because claimant's retained medical expert had recently declined to appear for trial. According to claimant's counsel, he contacted claimant's medical expert days before the trial and the doctor conveyed to claimant's counsel that, upon careful review of claimant's medical records and the report of the independent medical examination conducted by Dr. John Waller on November 2, 2018 and given to claimant's counsel approximately one week prior to trial,(1) claimant's medical expert felt that the claim did not have merit.

Claimant addressed the Court and expressed his displeasure with the representation by his counsel and requested an adjournment of the trial to retain new counsel. The Court denied claimant's request for an adjournment. Claimant did not wish to proceed with the trial pro se.

Thereafter, counsel for the State made a motion to dismiss the claim pursuant to Court of Claims Act 19 (3) and 22 NYCRR 206.15 for failure to prosecute the action. The Court GRANTED the State's motion and the claim was dismissed.

December 6, 2018

White Plains, New York


Judge of the Court of Claims

1. Defendant's counsel received the subject report from Dr. Waller on the same date.