New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-039, Claim No. 102304, Motion No. M-63502


Synopsis


Claimant's motion to compel production of medical records from St. Agnes Hospital is denied.

Case Information

UID:
2001-010-039
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-63502
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 production of medical records from St. Agnes Hospital:
Notice of Motion, Claimant's Unsworn Affidavit and Exhibit................................1

Attorneys' Affirmation in Opposition and Exhibit...................................................2

Claim number 102304 alleges that on September 1, 1999, four correction officers at Sing Sing Correctional Facility assaulted claimant causing him bodily injuries that necessitated treatment at St. Agnes Hospital. Claimant, an inmate proceeding pro se, brings this motion to compel the production of his original hospital records from St. Agnes Hospital.

St. Agnes Hospital is not a State owned facility, therefore, claimant must make his demand directly to the hospital. Claimant's motion to compel production from defendant cannot be granted. Accordingly, claimant's motion is DENIED.


June 21, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims