New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2000-005-511, Claim No. 100176, Motion No. M-60049


Synopsis


Claimant's motion to compel production of documents denied as moot.

Case Information

UID:
2000-005-511
Claimant(s):
EARNEST L. JOHNSON, JR.
Claimant short name:
JOHNSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100176
Motion number(s):
M-60049
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Earnest L. Johnson, Jr. Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Louis J. Tripoli, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 22, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 4, were read on motion by Claimant for an order compelling production of certain documents for discovery:
Papers Numbered

Notice of Motion, Affidavit and Exhibits Annexed 1, 2

Opposing Affirmation 3

Reply Affidavit 4


Upon the foregoing papers, this motion is denied as moot.

Claimant alleges that on May 16, 1999, he served a notice for discovery upon Defendant and that on June 22, 1999, he served a letter upon Defendant in a good faith effort to resolve the issues. The Defendant alleges that said motion is moot in that it has supplied "all documents and other discovery requested in the claimant's Notice of Discovery" on or about July 21, 1999.

The Claimant concurs, save the open question of the cost of reproducing certain x-rays. That question, however, will be the subject of another motion, if necessary. The instant motion is denied as moot.


May 22, 2000
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims