New York State Court of Claims

New York State Court of Claims

WALSH v. THE STATE OF NEW YORK, #2001-011-583, Claim No. 103621, Motion No. M-63367


Synopsis


Claimant's motion pursuant to CPLR 3124 for an order compelling a response to a demand for discovery and inspection is denied.

Case Information

UID:
2001-011-583
Claimant(s):
HOWARD WALSH
Claimant short name:
WALSH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103621
Motion number(s):
M-63367
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Howard Walsh, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 22, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by Claimant pursuant to CPLR 3124 for an order compelling a response to a demand for discovery and inspection.

The demand for documents was served by Claimant on March 13, 2001 and called for production of the documents for inspection by Claimant on April 11, 2001. The motion to compel, however, was served on April 10, 2001 one day before the documents were to be produced. Nonetheless, in reply to the motion, Defendant has provided responses to the demands turning over all of the material requested except for the names of inmates housed in the cells next to Claimant's. Such information is made confidential by statute (see, Public Officers Law § 96, information cannot be released except by court order made upon a sufficient showing) and therefore, the refusal to provide it is proper. Based upon the foregoing, the motion is denied.


August 22, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated April 9, 2001
  2. Affidavit in Support of Howard Walsh sworn to the 9th day of April, 2001 with Exhibit A annexed
  3. Affirmation in Opposition of Glenn C. King, Esq. dated April 24, 2001 with attachments