New York State Court of Claims

New York State Court of Claims

TROY v.THE STATE OF NEW YORK, #2000-016-024, Claim No. 98482


Synopsis


Court directed production of inmate witness at trial held at Sullivan Correctional Facility. Parties were also directed to be prepared to orally argue defendant's pending motion to dismiss.

Case Information

UID:
2000-016-024
Claimant(s):
REGINALD TROY
Claimant short name:
TROY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98482
Motion number(s):

Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Reginald Troy
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carol A. Cocchiola, AAG
Third-party defendant's attorney:

Signature date:
May 17, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, pro se claimant Reginald Troy alleges, among other things, that he was assaulted by correctional officers at Sullivan Correctional Facility. This order is made in connection with claimant's April 24, 2000 correspondence concerning witnesses for the June 21, 2000 trial of this claim.

Troy seeks to have the following witnesses produced at trial: inmate Adolphus Zimmerman; and an"unknown named inmate [who] was in the Sullivan reception holding-pen at [approximately] 8:30 p.m. on October 14, 1997, which was located next to the [location] wherein the claimant was brutally assaulted."
From a review of Troy's claim, it appears that Zimmerman was a witness to the alleged assault and claimant is entitled to his testimony at trial. As to the "unknown named inmate," however, claimant has provided no other information to aid in identifying him. Nor has he made any showing that defendant is able to identify such inmate. Accordingly, his production will not be ordered.

In view of the foregoing, IT IS ORDERED that defendant shall produce at trial inmate Adolphus Zimmerman (92-A-5133).



May 17, 2000
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims