New York State Court of Claims

New York State Court of Claims

GREEN v. STATE OF NEW YORK, #2001-011-537, Claim No. 103136-A, Motion No. M-63043


Synopsis


Claimant's motion to compel defendant to provide responses to a set of interrogatories and a demand for discovery and inspection is denied in part and granted in part.

Case Information

UID:
2001-011-537
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103136-A
Motion number(s):
M-63043
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Shawn Green, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kathleen M. Resnick, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
May 1, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant have moved to compel defendant to provide responses to a set of interrogatories and a demand for discovery and inspection both dated November 8, 2000. Defendant has previously advised that it would not provide answers to the interrogatories as they do not bear on matters material and relevant to the claim and the information sought is contained in claimant's medical records. In addition, defendant rejected the demand for discovery and inspection on the basis that all of the requested documents are contained in claimant's medical records.

Interrogatories may relate to any matters embraced in the disclosure requirements of CPLR 3101 (CPLR 3131). The claim is based upon an allegation that upon his arrival at Great Meadow Correctional Facility he was deprived of his medication. The first two interrogatories posed by claimant relate to symptoms for certain medical conditions. The other three interrogatories ask for the name of the medication claimant was receiving prior to his transfer to Great Meadow, the information contained in his medical record for August 17, 2000 and October 11, 2000 and the name of the medical personnel who saw claimant after his arrival at Great Meadow.

The information sought by the first two interrogatories have not been shown to have any relevance to the issues raised in the claim and therefore, need not be answered. The request for the names of medications and medical personnel are proper and defendant is not excused from answering simply because the information is contained in the medical records. The request for medical records for August 17, 2000 and October 11, 2000 is not a proper interrogatory and though more properly addressed in a demand for discovery and inspection of documents, should be complied with.

Defendant argues that the demand for documents is improper because all of the requested documents can be found among claimant's medical records to which he has access. However, those records are in defendant's possession and the demand is a proper request to be provided access to those records.

Defendant is directed to provide answers to the interrogatories numbered three and four within thirty days of service upon it of a file-stamped copy of this order. In addition, defendant should provide either copies of the medical records requested or arrange to have the medical records made available to claimant for inspection.


May 1, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion dated January 29, 2001
  2. Affidavit in Support of Shawn Green sworn to the 29th day of January, 2001
  3. Memorandum of Law of Shawn Green sworn to the 29th day of January, 2001
  4. Affirmation in Opposition of Kathleen M. Resnick, Esq. dated February 21, 2001 with exhibits annexed
  5. Reply Affidavit of Shawn Green sworn to the 28th day of February, 2001