New York State Court of Claims

New York State Court of Claims

GARDNER v. THE STATE OF NEW YORK, #2000-012-507, Claim No. 95552, Motion No. M-61277


Synopsis



Case Information

UID:
2000-012-507
Claimant(s):
RICKY GARDNER
Claimant short name:
GARDNER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95552
Motion number(s):
M-61277
Cross-motion number(s):

Judge:
John P. Lane
Claimant's attorney:
Ricky Gardner, pro se
Defendant's attorney:
Hon. Eliot Spitzer
Attorney General of the State of New York
Third-party defendant's attorney:

Signature date:
April 28, 2000
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


The following papers were read and considered on claimant's application to subpoena witnesses for trial:

Notice of Motion and Affidavit 1

Claim 2


This claim arose on October 12, 1996 at Wende Correctional Facility, when claimant suffered extensive burns as a result of the collapse of a "kettle pot," which spilled approximately 60 gallons of hot coffee. Claimant alleges that prison officials knew that the kettle pot was defective but failed to warn inmates that it should not be used.

Claimant has now moved for a subpoena to be issued to require the attendance of three individuals: a nurse, a correction officer, and an inmate. Although the motion is entitled "Notice of Motion to Subpoena Witnesses for Trial," no trial has yet been scheduled. Claimant's affidavit makes it clear that he seeks to have these witnesses appear at a pretrial conference. Because this claim is assigned to the prisoner pro se calendar, however, no preliminary conference will be held. Rule 206.10 of the Uniform Rules for the Court of Claims.

If claimant seeks to subpoena these witness to appear at trial of this action, he must await notification of the date and place where the trial will be held. When a date has been fixed, claimant may then make a further application for subpoenas to be directed to the nurse and correction officer and for a body order for the production of the inmate. See, CPLR 2302 (b).

Claimant's motion is denied.

SO ORDERED.


April 28, 2000
Buffalo, New York

HON. JOHN P. LANE
Judge of the Court of Claims