New York State Court of Claims

New York State Court of Claims

ORTIZ v. THE STATE OF NEW YORK, #2000-011-521, Claim No. 98895, Motion No. M-60039


Synopsis


In a prior order, the court directed Defendant to produce for in camera review the Department of Correctional Services file for another inmate.

Case Information

UID:
2000-011-521
Claimant(s):
MARCUS ORTIZ
Claimant short name:
ORTIZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98895
Motion number(s):
M-60039
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Andrew F. Plasse, Esq.
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Dennis M. Acton, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
April 24, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


In a prior order, the court directed Defendant to produce for in camera review the


Department of Correctional Services file for Rashiem Swails, 94 A 4763, from the date of his


placement with the Department to December 22, 1997, the date of the incident underlying the claim.

The review has been conducted and Defendant is directed to provided to Claimant the


following items from the record:

1) Disciplinary history - pages 93, 94, 95 and 266 redacted so that the only information shown is the heading and the incidents occurring on 3/14/95, 8/23/95, 9/28/96, 6/19/97, 7/19/97 and 12/22/97.

2) Misbehavior reports - pages 61, 56, 324, 407, 112 and 452.


Disclosure of the material listed is to be made within fifteen days of service upon Defendant


of a file-stamped copy of this order.

April 24, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims