New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-038, Claim No. 102304, Motion No. M-63503


Synopsis


Claimant's motion to compel the appearance of an inmate witness at trial is denied.

Case Information

UID:
2001-010-038
Claimant(s):
DARRYL PHELPS
Claimant short name:
PHELPS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102304
Motion number(s):
M-63503
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DARRYL PHELPSPro 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:
June 21, 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 the appearance of an inmate witness at trial:
Notice of Motion, Claimant's Unsworn Affidavit and Exhibit................................1

Attorney's Affirmation in Opposition and Exhibit...................................................2

Claimant, an inmate proceeding pro se, brings this motion pursuant, to CPLR §7002 (b), to compel the attendance of an inmate at the trial of this claim. Claimant, however, has failed to identify the inmate sought to be produced. To the extent that claimant may be seeking his own attendance at the trial of this claim, defendant has agreed to produce claimant at such time.

Accordingly, the claimant's motion is DENIED.


June 21, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims