New York State Court of Claims

New York State Court of Claims

MOOLENAAR v. THE STATE OF NEW YORK, #2001-010-004, Claim No. 98055, Motion No. M-62659


Synopsis


Claimant's motion to compel discovery is denied.

Case Information

UID:
2001-010-004
Claimant(s):
BRIAN MOOLENAAR
Claimant short name:
MOOLENAAR
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98055
Motion number(s):
M-62659
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
BRIAN MOOLENAARPro 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 18, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion to compel discovery:
Notice of Motion, Claimant's Supporting Affidavit.................................................1

Attorney's Opposing Affirmation and Exhibit.........................................................2

Filed Papers: Claim

Claim No. 98055 alleges, inter alia, wrongful confinement in keeplock by Correction Officer Padillas. Claimant seeks a response to his discovery demand dated September 27, 2000 which seeks the personnel file of Correction Officer Padillas including, inter alia, any history of alcohol abuse and treatment; any history of depression or mental illness and treatment; any history of abuse of over the counter medications; any citation for misconduct; incidents of abuse of authority against inmates (Defendant's Ex.).

The personnel records of Correction Officer Padillas are privileged and not discoverable pursuant to Civil Rights Law § 50a and claimant has not made any showing warranting an in camera review by the Court. Additionally, Correction Officer Padillas' mental health records are confidential and protected under Mental Hygiene Law § 33.13. Moreover, claimant's discovery demand is palpably improper because it fails to include a good faith affirmation and his demand seeks information not relevant and material to the prosecution of his claim.

MOTION DENIED.


January 18, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims