New York State Court of Claims

New York State Court of Claims

LESLEY v.THE STATE OF NEW YORK, #2000-016-025, Claim No. 93877


Synopsis


Court ordered production of witness by defendant at trial at Sullivan Correctional Facility.

Case Information

UID:
2000-016-025
Claimant(s):
SHON LESLEY
Claimant short name:
LESLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
93877
Motion number(s):

Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Shon Lesley
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Dennis McCabe, 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 Shon Lesley alleges medical malpractice in connection with the treatment at Woodbourne Correctional Facility of problems with his "artifical bowel." This order is made in connection with claimant's March 12, 2000 letter and my March 16, 2000 response concerning the appearance of Dr. Mervat Makram of Woodbourne Correctional Facility at the June 20, 2000 trial. In his claim, Lesley alleges that Dr. Makram treated him at Woodbourne. In my March 16, 2000 letter, I indicated that when a trial date was set, I would issue an order directing Dr. Makram's appearance at trial.

Accordingly, IT IS ORDERED that:
1) To the extent that defendant seeks mileage fees for Dr. Makram, within seven (7) days of the filing of this order, defendant shall send to claimant and to the Court a calculation of the mileage fees (at $.23 per mile) for Dr. Makram's travel to Sullivan Correctional Facility; and
2) Pursuant to Civil Rights Law §79(3)(a) and CPLR 8001, by June 13, 2000, claimant shall make payment to defendant of a total of:
a. ab $15 witness fees each for Dr. Makram; and
b. ab Any mileage fee calculated by defendant pursuant to paragraph 1) hereof; and
  1. If payment has been made by claimant pursuant to paragraph 2) hereof, defendant shall produce at trial Doctor Mervat Makram


May 17, 2000
New York, New York

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