New York State Court of Claims

New York State Court of Claims

JENNINGS v. THE STATE OF NEW YORK, #2001-009-006, Claim No. 101189, Motion No. M-62641


Synopsis


Defendant's motion to compel claimant to appear for a deposition was granted.

Case Information

UID:
2001-009-006
Claimant(s):
ROBERT JENNINGS
Claimant short name:
JENNINGS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101189
Motion number(s):
M-62641
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
ROBERT JENNINGS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Joel L. Marmelstein, Esq.,
Assistant Attorney General,Of Counsel.
Third-party defendant's attorney:

Signature date:
February 20, 2001
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order pursuant to CPLR Rule 3124 compelling claimant to appear for a deposition.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation in Support, with Exhibits 1,2

Claimant has not submitted any papers in opposition to this motion, nor has he otherwise communicated with the Court.

As set forth in his supporting affirmation, defendant's counsel had previously served a "Notice to Take Deposition upon Oral Examination" upon claimant, scheduling a deposition for October 12, 2000. Defendant's counsel also attempted to confirm claimant's availability for the deposition by letter dated October 6, 2000. Claimant did not appear at the appointed date and time to be deposed, and has not otherwise communicated with defendant's counsel.

It is apparent to the Court that defendant has made a good faith attempt to schedule the deposition of claimant without Court intervention, without success.

Accordingly, it is

ORDERED, that Motion No. M-62641 is hereby GRANTED; and it is further

ORDERED, that claimant is hereby compelled to appear and testify at a deposition upon oral examination, at a date, time and place to be designated by defendant. Defendant shall give claimant at least 20 days notice of said examination. Failure to appear at the designated time and place for the deposition shall subject claimant to the penalties available to the defendant under CPLR § 3126, including possible dismissal of the claim.


February 20, 2001
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims