Opinion
# 2017-045-512 Claim No. 124324
11-02-2017
JUSTIN CORNWELL v. THE STATE OF NEW YORK
Justin Cornwell, Pro Se By: No Appearance Hon. Eric T. Schneiderman, Attorney General By: Heather Rubinstein, Assistant Attorney General
Synopsis
Inmate failed to appear at trial and failed to notify the Court of new address.
Case information
| UID: | 2017-045-512 |
| Claimant(s): | JUSTIN CORNWELL |
| Claimant short name: | CORNWELL |
| 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): | 124324 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Justin Cornwell, Pro Se By: No Appearance |
| Defendant's attorney: | Hon. Eric T. Schneiderman, Attorney General By: Heather Rubinstein, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | November 2, 2017 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, Justin Cornwell, a pro se inmate, filed a claim with the Clerk of the Court on May 8, 2014. By letter dated September 1, 2017, the Court scheduled a trial of this matter to be held on October 16, 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 as well as for failure to serve the claim upon the Office of the Attorney General. The Court noted that claimant was released on December 3, 2015 and that claimant has failed to notify the Court of his new address as required by 22 NYCRR § 206.6 (f). In addition, the Office of the Attorney General submitted an affidavit which set forth that notwithstanding the affidavit of service attached to the filed claim, defendant searched its records and no record was found establishing that the claim was served upon the Office of the Attorney General.
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.
November 2, 2017
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims