New York State Court of Claims

New York State Court of Claims

MCCULLOUGH v. THE STATE OF NEW YORK, #2000-005-552, Claim Nos. 97825, 98750, Motion No. M-62232


Synopsis


Claimant's motion seeking a jury trial of this claim and other relief for his trial is denied.

Case Information

UID:
2000-005-552
Claimant(s):
SAMUEL MCCULLOUGH
Claimant short name:
MCCULLOUGH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97825, 98750
Motion number(s):
M-62232
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Samuel McCulloughPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Patricia T. Bordonaro, 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 seeking a jury trial of this claim and other relief for his trial on October 4, 2000:

1, 2 Notice of Motion and Affidavit Annexed

3, 4 Filed Papers: Claim, Answer

Upon the foregoing papers, this motion is granted to the extent noted and otherwise denied.

There are no juries in the Court of Claims; all claims are heard only by the judges of the Court (see, e.g., Court of Claims Act §§ 2, 8 and 9). Claimant's moving papers contain what might be considered a summary of his claim and exhibits, but it is not clear that Claimant has sought any other relief. Accordingly, the request for a jury trial is denied.

One of the claims herein sounds in bailment and the other in negligent medical treatment. Claimant seeks Dr. John F. Mosher, State University Hospital of New York, to appear as an expert witness, to testify to the condition of Claimant's wrist and hand before and after surgery. Claimant also seeks Greg S. Orlando, M.D., from Strong Memorial Hospital in Rochester, who allegedly performed carpal tunnel surgery, and who allegedly was in the employ of the Defendant. Claimant also seeks the testimony of Anthony Graceffo, M.D., a physician employed at Auburn Correctional Facility.

I will direct the Defendant to produce Dr. Graceffo at the trial herein without the necessity of subpoena. However, I decline at this time to direct either Dr. Mosher or Dr. Orlando to appear as their testimony would appear only to address medical procedures and conditions which would presumably be in Claimant's medical records and which can be addressed by Dr. Graceffo. Additionally, an expert witness generally appears on behalf of a party without court order.

Accordingly, the motion is granted to the extent noted, but otherwise denied.


September 20, 2000
Rochester, New York

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