Domine v. State

These claims are not related to each other except as the groupings under the motion numbers hereinabove assigned indicate. Each motion is an application to restore the claim, or the group of claims, designated to the trial calendar. Because the motions have a common denominator we discuss them in a single memorandum.

Each claim was dismissed at the opening of the September, 1955, Albany Term of this court “ for lack of prosecution ”. Actually the dismissal was a matter of calendar practice under rule 7 of the Rules of the Court of Claims there being a failure, in each instance, and on behalf…