New York State Court of Claims

New York State Court of Claims
WHITNEY v. STATE OF NEW YORK, # 2019-040-123, Claim No. 125200


Claim dismissed for failure to appear at Trial and prosecute the Claim.

Case information

UID: 2019-040-123
Claimant short name: WHITNEY
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 125200
Motion number(s):
Cross-motion number(s):
Claimant's attorney: Darren Whitney, Pro Se
Defendant's attorney: LETITIA JAMES
Attorney General of the State of New York
By: Thomas J. Reilly, Esq., AAG
Third-party defendant's attorney:
Signature date: November 19, 2019
City: Albany
Official citation:
Appellate results:
See also (multicaptioned case)


Darren Whitney's pro se Claim was filed in the Office of the Clerk of the Court on October 31, 2014. By letter dated June 24, 2019, the Court scheduled a trial of this matter to be held on November 14, 2019, with the parties at Clinton Correctional Facility in Dannemora, New York, and the Judge at the Court of Claims located in Albany, New York.

At the beginning of the trial, the State made a motion to dismiss the Claim on the basis that Claimant failed to appear for trial and, thus, failed to prosecute the Claim.

A bench decision was rendered granting the State's motion to dismiss pursuant to Court of Claims Act 19(3) and Sections 206.6(f) and 206.15 of the Uniform Rules for the Court of Claims for the reasons set forth by the Court on the record, and it is

ORDERED that the Claim is dismissed.

November 19, 2019

Albany, New York


Judge of the Court of Claims