New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-045, Claim No. 102304, Motion No. M-63483


Synopsis


Claimant's motion for an order directing service of subpoenas is denied.

Case Information

UID:
2001-010-045
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-63483
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 26, 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 for, inter alia, an order directing service of subpoenas:
Notice of Motion, Claimant's Unsworn Supporting Affidavit and Exhibits...........1

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

Claimant, an inmate proceeding pro se, seeks an order directing service of subpoenas and payment of the associated fees. Even assuming that claimant had made a sufficient showing warranting poor person status, claimant would only be entitled to those benefits conferred by CPLR 1102 and he would not be entitled to an order directing service of subpoenas and payment of the associated fees (see, Carter v County of Erie, 255 AD2d 984). Additionally, claimant seeks leave to depose another inmate. Claimant, however, has failed to identify the inmate and has failed to show any of the requisite special circumstances for conducting a non-party deposition (CPLR 3101[4], 3106[c]). Nor has claimant demonstrated why written interrogatories would not suffice.

Accordingly, claimant's motion is DENIED.


June 26, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims