Claim dismissed for failure to appear at Trial and prosecute the Claim.
|Claimant(s):||LAZARO CASANOVA, #12A5427|
|Claimant short name:||CASANOVA|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||CHRISTOPHER J. McCARTHY|
|Claimant's attorney:||Lazaro Casanova, 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|
|See also (multicaptioned case)|
Lazaro Casanova's pro se Claim was filed in the Office of the Clerk of the Court on May 27, 2016. 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.
On the morning of trial, Claimant was to be transported from Franklin Correctional Facility (hereinafter, "Franklin") to Clinton Correctional Facility, so he could appear at trial. Claimant did not appear at trial, and the Court received by e-mail, a copy of a Franklin "Court Refusal Form" stating Claimant was refusing to board the bus and come to Court (Court Ex. 1). 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
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims