Opinion
# 2019-053-002 Claim No. 127245
01-18-2019
PHILIP McARTHUR v. THE STATE OF NEW YORK
PHILIP McARTHUR, Pro Se HON. LETITIA JAMES New York State Attorney General BY: Michael T. Feeley, Esq. Assistant Attorney General
Synopsis
Claimant failed to appear for a scheduled trial. The State's motion to dismiss for failing to appear and failure to prosecute pursuant to Court of Claims Act 19 (3) and Part 206.6 of the Uniform Rules of the Court of Claims is granted.
Case information
| UID: | 2019-053-002 |
| Claimant(s): | PHILIP McARTHUR |
| Claimant short name: | McARTHUR |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 127245 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | J. DAVID SAMPSON |
| Claimant's attorney: | PHILIP McARTHUR, Pro Se |
| Defendant's attorney: | HON. LETITIA JAMES New York State Attorney General BY: Michael T. Feeley, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 18, 2019 |
| City: | Buffalo |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, Philip McArthur, an inmate formerly incarcerated at Gowanda Correctional Facility alleges claims which include falsifying documents, cruel and unusual punishment and unlawful confinement. On July 23, 2015, a claim was filed and thereafter served upon the Office of the Attorney General. On July 30, 2018, a status conference was held with claimant and Assistant Attorney General Michael T. Feeley (AAG Feeley), at which time it was agreed that the trial would be conducted on January 17, 2019. A trial order was filed on August 8, 2018 with the Clerk of the Court in Albany scheduling the matter for a day certain trial on January 17, 2019. Claimant failed to appear for the trial despite having been provided with the trial order in advance.
As the claimant failed to appear for the scheduled trial, AAG Feeley made a motion to dismiss the claim on the basis that claimant failed to appear for trial and as such, failed to prosecute his claim.
The State's motion to dismiss made pursuant to Court of Claims Act § 19 (3) and Part 206.6 of the Uniform Rules for the Court of Claims is granted for the reasons set forth by the Court on the record. Now therefore, it is hereby
ORDERED that claim no. 127245 is dismissed.
January 18, 2019
Buffalo, New York
J. DAVID SAMPSON
Judge of the Court of Claims