New York State Court of Claims

New York State Court of Claims

ALLAH v. THE STATE OF NEW YORK, #2000-013-021, Claim No. 96892, Motion No. M-61991


Synopsis


Claimant's motion for the production of witnesses and documents at trial is granted.

Case Information

UID:
2000-013-021
Claimant(s):
JAMEL ALLAH
Claimant short name:
ALLAH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96892
Motion number(s):
M-61991
Cross-motion number(s):

Judge:
PHILIP J. PATTI
Claimant's attorney:
JAMEL ALLAH, Pro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
BY: EARL F. GIALANELLA, ESQ. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 31, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


On July 19, 2000, the following papers were read on Claimant's motion seeking the production of witnesses and documents for trial:
1. Notice of Motion
2. Affidavit in Support

3. Affirmation in Opposition
3. Filed Papers: Claim; Answer

In this action, Claimant seeks damages for a ventilation system malfunction which, he says, affected his cell at the Southport Correctional Facility in June through August 1997. Trial is scheduled for August 18, 2000 at the Elmira Correctional Facility. In accordance with a letter to Claimant from the Court, Claimant has filed this motion seeking the production of documents and witnesses. Defendant has opposed the motion. My disposition is as follows:

A. Claimant's request for copies of any and all grievances filed under SPT #12820-97, at Southport Correctional Facility, subsequent investigations, and decisions of the IGRC in regards to the ventilation system in Special Housing Unit, specifically, A-11 is granted, but it is limited to A Block and to the time period from June 1, 1997 through August 31, 1997;

B. Claimant's request for copies of any and all Maintenance Report(s), File(s) and record(s) between 6/19/97 through 8/2/97, of SCF, SHU, specifically, A-11 is granted, but it is limited to A Block at Southport and to maintenance reports, files and records relating to the ventilation system;

C. Claimant's request to offer the testimony of Rene Towles (91-A-3683) and Gary Worthy (95-A-3908) is granted. Claimant shall not be liable for the cost of transporting these inmates (see, Civil Rights Law §79). Both Mr. Worthy and Mr. Towles have trials scheduled during the August 2000 prison term at Elmira;

D. Claimant's request for the testimony of the Plant Superintendent and/or Maintenance Supervisor is granted. Defendant shall select the appropriate witness or witnesses. Said Superintendent or Supervisor shall, if possible, be a person who is knowledgeable about the condition of the ventilation system in A Block during the June through August 1997 time period.


July 31, 2000
Rochester, New York

HON. PHILIP J. PATTI
Judge of the Court of Claims