New York State Court of Claims

New York State Court of Claims

PLAIR v. THE STATE OF NEW YORK, #2000-010-078, Claim No. 101231-A, Motion No. M-62618


Synopsis


Claimant's discovery motion denied as moot.

Case Information

UID:
2000-010-078
Claimant(s):
NAHRUE PLAIR
Claimant short name:
PLAIR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101231-A
Motion number(s):
M-62618
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
NAHRUE PLAIRPro se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 16, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's discovery motion:
Notice of Motion, Claimant's Unverified Supporting "Affidavit," Claimant's Unverified "Affidavit" of Good Faith.......................................................................1

Attorney's Opposing Affirmation and Exhibits.......................................................2

Preliminarily, it is noted that claimant has failed to include a notarized Affidavit of Service with his motion papers and his purported affidavits, are similarly not properly verified. Accordingly, claimant's motion warrants dismissal. However, in the interests of judicial economy and given that defendant had responded to the motion, the Court will exercise its discretion and address the merits of the motion.

Defendant's exhibits provide claimant with the requested discovery. Accordingly, claimant's motion is DENIED as moot.


November 16, 2000
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims