Opinion
# 2014-039-408 Claim No. 123323
06-05-2014
MICHAEL ARGENTIERI v. STATE OF NEW YORK
Michael Argentieri Hon. Eric T. Schneiderman Attorney General of the State of New York By: Michael Krenrich Assistant Attorney General
Synopsis
Claim is dismissed pursuant to Court of Claims Act § 19 and Uniform Rules for the Court of Claims § 206.10 (g) upon claimant's failure to appear for two conferences.
Case information
| UID: | 2014-039-408 |
| Claimant(s): | MICHAEL ARGENTIERI |
| Claimant short name: | ARGENTIERI |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123323 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | James H. Ferreira |
| Claimant's attorney: | Michael Argentieri |
| Defendant's attorney: | Hon. Eric T. Schneiderman Attorney General of the State of New York By: Michael Krenrich Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | June 5, 2014 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, proceeding pro se, filed this claim with the Chief Clerk of the Court of Claims on October 9, 2013. Issue was joined in November 2013. In January 2014, the Court mailed both parties a blank preliminary conference order with instructions to work together to fill it out and return it to the Court. The Court informed the parties that, if the preliminary conference order was not returned, they would be required to attend a telephone conference with the Court on March 11, 2014 at 10:30 A.M. The Court requested that claimant contact chambers and provide his telephone number for the conference call. The Court further advised that the "failure to appear at this conference will be considered a calendar default and will subject the defaulting party to a penalty" pursuant to the Uniform Rules for the Court of Claims (Court's letter, dated January 30, 2014). This letter was mailed to claimant at the last address provided by him and was not returned to the Court.
Claimant was incarcerated at Fishkill Correctional Facility on October 5, 2013 when he signed the claim. According to the Department of Corrections and Community Supervision (hereinafter DOCCS) database (http://nysdoccslookup.doccs.ny.gov), claimant was released on October 8, 2013, one day before the claim was filed with the Court. In a letter dated October 8, 2013, claimant provided the Court with the following new mailing address: 131 W. 35th St., 8th Floor, New York, New York 10001. All of the Court's correspondence have been sent to claimant at that address.
The Court did not receive a completed preliminary conference order back from the parties, and claimant did not contact the Court and provide a telephone number where he could be reached. The Court was thus unable to contact claimant for the conference on March 11, 2014. By letter dated April 1, 2014, the Court advised claimant that a telephone conference had been scheduled for April 24, 2014 at 10:30 A.M. The Court again asked claimant to provide a telephone number where he could be reached for that conference. The Court further informed claimant that his "[f]ailure to appear at this conference will be considered a calendar default and may result in dismissal of the claim pursuant to the Uniform Rules for the Court of Claims § 206.10 (g)" (Court's letter, dated April 1, 2014). This letter was mailed to claimant at the last address provided by him and was not returned to the Court. Claimant has not responded to the Court's letter, and claimant did not appear for the conference on April 24, 2014. The Court notes that, according to its file, claimant's last contact with the Court regarding this claim appears to be his October 2013 letter to the Clerk of the Court of Claims providing his new address following his release from prison.
Based upon claimant's failure to appear at the March 11, 2013 and April 24, 2014 conferences, this claim is dismissed in its entirety pursuant to Court of Claims Act § 19 and Uniform Rules for the Court of Claims § 206.10 (g). The Clerk of the Court is hereby directed to close the claim file.
June 5, 2014
Albany, New York
James H. Ferreira
Judge of the Court of Claims