Opinion
# 2017-045-507 Claim No. 125911
08-15-2017
RICO TATE v. THE STATE OF NEW YORK
Rico Tate, Pro Se Hon. Eric T. Schneiderman, Attorney General By: Heather Rubinstein, 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: | 2017-045-507 |
| Claimant(s): | RICO TATE |
| Claimant short name: | TATE |
| 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): | 125911 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Rico Tate, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Heather Rubinstein, 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, Rico Tate, a pro se inmate, filed a claim with the Clerk of the Court on April 6, 2015. By letter dated June 19, 2017, the Court scheduled a trial of this matter to be held on August 3, 2017 at Fishkill Correctional Facility.
At the beginning of the trial, defendant made a motion to dismiss the claim for failure to prosecute the action based upon claimant's failure to appear for trial. The Court noted that the letter dated June 19, 2017 was returned to sender and that claimant has failed to notify the Court of his new address as required by 22 NYCRR § 206.6 (f).
A bench decision was issued granting the States' motion to dismiss the claim pursuant to Court of Claims Act § 19 (3) for the reasons 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