On September 13, 2000, the following papers, numbered 1 to 3, were read on
motion by Claimant for the production of certain documents and witnesses for his
trial on October 5, 2000:
1, 2 Notice of Motion and Affidavit Annexed
3 Filed Papers: Claim
Upon the foregoing papers, this motion is granted to the extent noted and
The underlying claim herein seeks damages for the alleged negligent practice of
medicine by Dr. Anthony Graceffo and Dr. Gregory Matthew, both of whom engage in
the practice of medicine at Auburn Correctional Facility. Claimant alleges,
inter alia, that the doctors' refusal to give him reasonable and adequate
medical care has caused him prolonged pain and further injury, essentially
commencing from on or about February 9, 1998.
In this motion, Claimant is seeking the testimony of Inmate William Emerson
(DIN 94-B-0477) who purportedly would corroborate the injuries about which
Second, Claimant seeks the testimony of Physician's Assistant (PA) Richard
Laux, to show that the said doctors are "lax in their duties as health
professionals." He also seeks Nurse Administrator Chris Coyne to explain why
Auburn nurses don't follow proper rules and regulations during sick call.
I decline to direct the testimony of Nurse Administrator Coyne, because the
claim alleges the negligent practice of medicine by two doctors, not by nurses,
and thus her prospective testimony does not appear relevant or material.
I decline to direct P.A. Laux to testify because Claimant fails to explain to
me how a physician's assistant is qualified to express an expert opinion about
laxity of duty by doctors as health care professionals. I will permit the
testimony of Inmate Emerson, whom I believe is housed at Auburn Correctional
Facility, if he is willing to testify, as he allegedly can corroborate certain
allegations made by Claimant. Additionally, the Defendant has not opposed his
testimony. The Defendant shall produce Inmate Emerson without the necessity of
subpoena, if he is willing to testify.
Claimant also seeks all his health care records from July 1996 until the
present, along with x-rays and consultation reports, and the Defendant is
directed to produce the same at the trial herein without the necessity of