Opinion
# 2018-045-505 Claim No. 126496
08-09-2018
RAMIRO TORRES v. THE STATE OF NEW YORK
Ramiro Torres, Pro Se Hon. Barbara D. Underwood, Attorney General By: J. Gardner Ryan, Assistant Attorney General
Synopsis
Claims dismissed as claimant failed to appear at Trial to prosecute the claim.
Case information
| UID: | 2018-045-505 |
| Claimant(s): | RAMIRO TORRES |
| Claimant short name: | TORRES |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126496 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | GINA M. LOPEZ-SUMMA |
| Claimant's attorney: | Ramiro Torres, Pro Se |
| Defendant's attorney: | Hon. Barbara D. Underwood, Attorney General By: J. Gardner Ryan, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 9, 2018 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, Ramiro Torres, a pro se inmate, filed a claim with the Clerk of the Court on July 24, 2015. By letter dated June 20, 2018, the Court scheduled a trial of this matter to be held on August 7, 2018 at Fishkill Correctional Facility.
At the beginning of the trial, the State made a motion to dismiss the claim for failure to prosecute the action due to claimants' failure to appear for trial. The Court noted that the letter dated June 20, 2018 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 be dismissed
August 9, 2018
Hauppauge, New York
GINA M. LOPEZ-SUMMA
Judge of the Court of Claims