Opinion
# 2017-045-514 Claim No. 125680
11-02-2017
JOSE RODRIGUEZ v. THE STATE OF NEW YORK
Jose Rodriguez, 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: | 2017-045-514 |
| Claimant(s): | JOSE RODRIGUEZ |
| Claimant short name: | RODRIGUEZ |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125680 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Jose Rodriguez, 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, Jose Rodriguez, a pro se inmate, filed a claim with the Clerk of the Court on February 17, 2015. 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 March 16, 2015 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