New York State Court of Claims

New York State Court of Claims

NELSON v. THE STATE OF NEW YORK, #2001-010-002, Claim No. 99685, Motion No. M-62719


Synopsis


Claimant's discovery motion is denied.

Case Information

UID:
2001-010-002
Claimant(s):
JEFFREY A. NELSON
Claimant short name:
NELSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99685
Motion number(s):
M-62719
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JEFFREY A. NELSONPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 5, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-3 were read and considered by the Court on claimant's discovery motion:
Notice of Motion, Claimant's Supporting Affidavit.................................................1

Defendant's Opposing Affirmation and Exhibits.....................................................2

Claimant's Unsworn Supporting "Affidavit"[1]...........................................................3

Claim No. 99685 alleges that Correction Officer Perez was conducting a facility search at Sing Sing Correctional Facility and assaulted claimant, an inmate at the facility. Claimant seeks an in camera inspection of the personnel file of Correction Officer Perez to obtain information to be used to impeach Perez at trial. The threshold requirement of Civil Rights Law § 50-a(2) that "[n]o such order shall issue without a clear showing of facts sufficient to warrant the judge to request records for review" was designated to eliminate fishing expeditions for collateral matters to be used for impeachment purposes (see, Matter of Capital Newspapers Div. of Hearst Corp. v Burns, 67 NY2d 562, 568-69; Alcamo v City of New York, 253 AD2d 408). Accordingly, Claimant's motion is DENIED.


January 5, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]
While this paper was untimely submitted, it was considered by the Court.