New York State Court of Claims

New York State Court of Claims

MURRAY v. THE STATE OF NEW YORK, #2001-011-553, Claim No. 103632, Motion No. M-63214


Synopsis


Claimant's motion for leave to depose individuals in the custody of DOCS is denied.

Case Information

UID:
2001-011-553
Claimant(s):
JOEL MURRAY
Claimant short name:
MURRAY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103632
Motion number(s):
M-63214
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Joel Murray, 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 29, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved for leave to depose individuals in the custody of the Department ofCorrectional Services.

A party is entitled to disclosure of all matter material and necessary to prosecution of the claim (CPLR 3101). In the affidavit submitted in support of the motion claimant asserts that the testimony of the inmates whose depositions are sought is material and necessary to prosecution of the claim. However, the assertion is made in a conclusory fashion and no facts are offered to support it. Claimant has not advised the court what information each of these individuals possess that is relevant to issues in the claim. In addition, because such information has not been provided, the court cannot determine if the testimony of the individual inmates would be cumulative in that the facts testified to by each inmate would be the same. In the absence of a showing that the individuals possess knowledge of facts material and relevant to issues in the claim and that such testimony would not be cumulative, the motion is denied.

May 29, 2001
Saratoga Springs, New York

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



Papers submitted:

  1. Notice of Motion dated March 7, 2001
  2. Affidavit in Support verified on the 7th day of March, 2001
  3. Affirmation in Opposition of Kathleen M. Resnick, Esq. dated March 30, 2001