New York State Court of Claims

New York State Court of Claims

ROWINSKI v. New York, #2000-019-504, Claim No. 99704, Motion No. M-60863


Synopsis



Case Information

UID:
2000-019-504
Claimant(s):
STEVEN ROWINSKI and ELAINE ROWINSKI
Claimant short name:
ROWINSKI
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has sua sponte amended the caption to 1) replace the term "Plaintiffs" with "Claimants" and 2) to reflect the State of New York as the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99704
Motion number(s):
M-60863
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
STEPHAN PERSOFF, ESQ.
Defendant's attorney:
HON. ELLIOT SPITZER, ATTORNEY GENERAL
BY: Denis J. McElligott, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
March 13, 2000
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimants move to compel the defendant State of New York (hereinafter "State") to produce "[a]ny and all records and correspondence involving catch basin number 82 which is located at the South Service Road of the Long Island Expressway, west of Deer Park Avenue in Dix Hills, County of Suffolk, State of New York" or, in the alternative to strike the State's Verified Answer. (Affirmation of Stephan Persoff, Esq., p 1). The Court heard oral argument from counsel via a telephone conference call on February 3, 2000.


The Court has considered the following papers in connection with this motion:

  1. "NOTICE OF CLAIM" filed January 27, 1999.
  2. Verified Answer, filed March 9, 1999.
  3. Notice of Motion No. M-60863, dated December 2, 1999 and filed December 7, 1999.
  4. Affirmation of Stephan Persoff, Esq., in support of motion, dated November 30, 1999, with attachments.
  5. Affirmation of Denis J. McElligott, AAG, in opposition to motion, dated December 17, 1999 and filed December 20, 1999, with attached exhibits.
  6. Reply Affirmation of Stephan Persoff, Esq., in support of motion, dated December 20, 1999.
  7. Affirmation of Stanley Lechner, received by the Court via fax on March 8, 2000.
During oral argument counsel agreed the State would promptly produce for Claimant and the Court an Affidavit from Stanley Lechner, a State Records Access Officer, itemizing (to the extent possible) all the records relating to "catch basin number 82" or "recharge basin #82" and representing that no other records existed. The parties agreed that upon Claimants receipt and approval of said Affidavit that said records would be available for Claimants inspection or a designee of their choosing within two weeks thereafter or at another time mutually agreed upon between counsel. In all other respects, the Preliminary Conference Stipulation and Order dated May 6, 1999 remains in full force and effect.


Accordingly, for the reasons stated above, it is ordered that the Claimants' motion, Motion No. M-60863, is GRANTED to the extent indicated above.


March 13, 2000
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims