New York State Court of Claims

New York State Court of Claims

KING v. THE STATE OF NEW YORK, #2001-011-600, Claim No. 104307, Motion No. M-64101


Synopsis


Claimant's application to compel defendant to provide responses to interrogatories and a demand for discovery and inspection are denied.

Case Information

UID:
2001-011-600
Claimant(s):
BOBBY KING, 91 A 7775
Claimant short name:
KING
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104307
Motion number(s):
M-64101
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Bobby King, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kathleen M. Resnick, Esq., Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 14, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to compel defendant to provide responses to interrogatories and ademand for discovery and inspection. Defendant, in opposing the motion, contends that claimant never served the interrogatories or the demand for discovery and inspection. In addition, claimant has not alleged that either the interrogatories or the demand for discovery and inspection were served although in his affidavit he erroneously asserts that copies of the demands are attached to the affidavit. Inasmuch as claimant has failed to show that the demands were served, he is not entitled to an order compelling responses. Accordingly, the motion is denied.

November 14, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated September 25, 2001
  2. Affidavit in Support of Bobby King sworn to the 25th day of September, 2001
  3. Affirmation in Opposition of Kathleen M. Resnick, Esq. dated October 15, 2001