New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2000-011-558, Claim No. 101715, Motion No. M-61699


Synopsis


Defendant's motion pursuant to CPLR 3124 to compel a response to a demand for disclosure is denied.

Case Information

UID:
2000-011-558
Claimant(s):
JOHNATHAN JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101715
Motion number(s):
M-61699
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Johnathan Johnson, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michael C. Rizzo, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
August 16, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved pursuant to CPLR 3124 to compel a response to a demand for disclosure dated March 26, 2000. Under Uniform Rules for the Court of Claims §206.8(b), any motion relatingto disclosure must be accompanied by an affidavit or affirmation containing a representation that the parties have conferred with each other in a good faith effort to resolve the issues raised by the motion. Claimant has not provided such an affidavit. In addition, in its affirmation in opposition Defendant asserts that a response to the demand was served on May 5, 2000 after this motion was made. Accordingly, the motion is denied.



August 16, 2000
Saratoga Springs, New York

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



Papers Considered:

  1. Notice of Motion dated April, 2000.
  2. Affidavit in Support of Claimant sworn to the 19th day of April, 2000.
  3. Affirmation in Opposition of Michael C. Rizzo, Esq. sworn to the 12th day of May, 2000.