New York State Court of Claims

New York State Court of Claims

HOLLAND v. THE STATE OF NEW YORK, #2000-005-531, Claim No. 100987, Motion No. M-61441


Synopsis


Motion by Defendant for an order to compel Claimant to respond to certain discovery demands is granted.

Case Information

UID:
2000-005-531
Claimant(s):
JONATHAN HOLLAND
Claimant short name:
HOLLAND
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100987
Motion number(s):
M-61441
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Jonathan HollandPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 23, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On April 19, 2000, the following papers, numbered 1 to 4, were read on motion by Defendant for an order to compel Claimant to respond to certain discovery demands:

1, 2 Notice of Motion and Affirmation and Exhibit

3, 4 Filed Papers: Claim, First Set of Interrogatories

Upon the foregoing papers, this motion is granted.

The claim herein was filed on or about August 30, 1999. The Defendant's First Set of Interrogatories was served on October 6, 1999. On January 3, 2000, Defendant sent a good faith letter seeking responses to said interrogatories (Exhibit A).

The Claimant has failed to respond to either communication from Defendant and has defaulted on this motion.

Accordingly, Claimant is precluded from offering any evidence in support of this claim which was the subject of said interrogatories unless he responds within 20 days of service of a file-stamped copy of this motion.


August 23, 2000
Rochester, New York

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