Opinion
# 2017-040-105 Claim No. 117986
08-08-2017
DAVID JOHNSON, DIN: #06-A-4464 v. THE STATE OF NEW YORK
David Johnson, Pro Se ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Christina M. Calabrese, Esq., AAG
Synopsis
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Case information
| UID: | 2017-040-105 |
| Claimant(s): | DAVID JOHNSON, DIN: #06-A-4464 |
| Claimant short name: | JOHNSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | Caption amended to reflect the State of New York as the proper defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 117986 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | David Johnson, Pro Se |
|---|---|
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Christina M. Calabrese, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | August 8, 2017 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
David Johnson's pro se Claim was filed with the Office of the Clerk of the Court on February 3, 2010. By letter dated May 9, 2017, the Court scheduled a trial of this matter to be held on August 2, 2017, 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 Section 206.6(f) 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.
August 8, 2017
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims