Opinion
# 2017-045-513 Claim No. 123651
11-02-2017
MICHAEL FLOYD v. THE STATE OF NEW YORK
Michael Floyd, 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: | 2017-045-513 |
| Claimant(s): | MICHAEL FLOYD |
| Claimant short name: | FLOYD |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123651 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Michael Floyd, 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, Michael Floyd, a pro se inmate, filed a claim with the Clerk of the Court on December 12, 2013. 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. The Court noted that claimant was released on August 26, 2014 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.
November 2, 2017
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims