Opinion
# 2017-045-505 Claim No. 124724
08-15-2017
DAVID KNUDSON v. THE STATE OF NEW YORK
David Knudson, Pro Se Hon. Eric T. Schneiderman, Attorney General By: Elizabeth Gavin, Assistant Attorney General
Synopsis
Defendant made a motion to dismiss the Claim for failure to prosecute the Claim based upon Claimant's failure to appear for trial.
Case information
| UID: | 2017-045-505 |
| Claimant(s): | DAVID KNUDSON |
| Claimant short name: | KNUDSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption has been amended, sua sponte, to reflect the State of New York as the only properly named defendant. |
|---|---|
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124724 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | David Knudson, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Elizabeth Gavin, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 15, 2017 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, David Knudson, a pro se inmate, filed a claim with the Clerk of the Court on July 22, 2014. By letter dated May 17, 2017, the Court scheduled a trial of this matter to be held on June 29, 2017 at Downstate Correctional Facility. Claimant requested not to be moved to Downstate Correctional facility for his trial. By letter dated June 19, 2017, claimant was advised that if he wished to prosecute his claim he would be required to be present at Downstate Correctional Facility. He was also informed that failure to appear at trial may result in the dismissal of his claim.
At the beginning of the trial, defendant made a motion to dismiss the Claim for failure to prosecute the Claim based upon Claimant's failure to appear for trial.
A bench decision was issued granting the defendant's motion to dismiss the claim pursuant to Court of Claim Act § 19 (3) for the reason set forth on the record and it is
ORDERED that the claim is dismissed.
August 15, 2017
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims