New York State Court of Claims

New York State Court of Claims

CIANCIOLA v. THE STATE OF NEW YORK, #2000-009-434, Claim No. 94634, Motion No. M-62417


Synopsis


Claimant's motion to strike defendant's answer denied.

Case Information

UID:
2000-009-434
Claimant(s):
NATHAN CIANCIOLA
Claimant short name:
CIANCIOLA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
94634
Motion number(s):
M-62417
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
MICHAEL D. CALARCO, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Roger B. Williams, Esq.,
Assistant Attorney General of Counsel.
Third-party defendant's attorney:

Signature date:
October 18, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought this motion seeking an order striking the answer of the defendant in


this claim.

By a prior scheduling order dated August 21, 2000, this Court directed defendant to ascertain the existence of certain documents previously demanded by claimant, and to provide copies of said documents and/or make arrangements for inspection of said documents on or before August 31, 2000. Not having received any response by August 31, 2000, claimant brought the instant motion seeking to strike defendant's answer.

A telephone conference with counsel for both parties was conducted on October 17, 2000, by my Law Clerk for the purpose of scheduling oral argument on this motion. During this conference, the Assistant Attorney General now handling this claim on behalf of the State acknowledged that he was in receipt of the requested documentation, at least some of which had come into his possession subsequent to the due date for response of August 31, 2000.

Since the requested information is now available for reproduction and/or inspection, it is

ORDERED, that defendant shall provide a copy of the diary belonging to State employee Wadhams to claimant's attorney, and shall mail said copy to claimant's attorney no later than October 20, 2000; and it is further

ORDERED, that the contract and sign information pertaining to State Contract No. D-251655 maintained at a district office of the Department of Transportation shall be made available for examination and inspection by claimant's attorney, at a time to be mutually agreed upon by counsel for the parties; and it is further

ORDERED, that in all other aspects, Motion No. M-62417 seeking an order striking the answer of defendant is hereby DENIED.

October 18, 2000
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims