New York State Court of Claims

New York State Court of Claims

WRIGHT v. THE STATE OF NEW YORK, #2000-005-551, Claim No. 98110, Motion No. M-62170


Synopsis


Claimant's motion for the production of certain witnesses at the trial herein is granted to the extent noted and otherwise denied.

Case Information

UID:
2000-005-551
Claimant(s):
LENNY WRIGHT
Claimant short name:
WRIGHT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98110
Motion number(s):
M-62170
Cross-motion number(s):

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

Signature date:
September 20, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision



On September 13, 2000, the following papers, numbered 1 to 4, were read on motion by Claimant for the production of certain witnesses at the trial herein on October 5, 2000:

1, 2 Notice of Motion and Affidavit Annexed

3 Letter form Defendant dated September 12, 2000

4 Filed Papers: Claim

Upon the foregoing papers, this motion is denied, except to the extent noted.



The underlying claim herein alleges the Defendant's liability related to a purported assault by one Sergeant Rodriguez on Claimant at the Auburn Correctional Facility on or about July 29, 1997 at 12:40 p.m.

Claimant seeks three witnesses to be produced at his trial. He requests unnamed inmate witness(es) who were present at the time of the incident, and notes that he sought the name of such inmate(s) in his demand for a Bill of Particulars, but that the Defendant failed to disclose the same. No motion to compel such disclosure was ever made, and, mere disclosure of the name(s) of such inmate(s) does not support this application to produce an unknown and unnamed inmate at the trial. This request is denied.

Claimant also seeks the production of Sgt. Rodriguez. However, the Defendant has advised the Court that Sgt. Rodriguez is retired and no longer in the employ of the State of New York. Accordingly, since the Defendant has no control of its former employee, and without any means of locating the individual, this request is also denied.

Claimant seeks the testimony of Correction Officer Levy, whose first name is not provided or known to Claimant. In his claim, Claimant describes Levy as "an African-American Auburn CO." However, the Defendant represents that its current investigation reveals no Correction Officer Levy employed at Auburn Correctional Facility. The Defendant is directed to continue such search, and if necessary, to provide testimony with respect to such search. If such correction officer is located, the Defendant is directed to produce him at the trial, as his testimony appears to be relevant and material to the claim.

Accordingly, the motion denied, except for the continuing duty to attempt to locate and produce C. O. Levy.


September 20, 2000
Rochester, New York

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