New York State Court of Claims

New York State Court of Claims

HARRIS v. THE STATE OF NEW YORK, #2001-011-610, Claim No. 103896, Motion No. M-64100


Synopsis


Claimant's motion to compel disclosure is denied.

Case Information

UID:
2001-011-610
Claimant(s):
YUSUF HARRIS, I.D. 89 A 2201
Claimant short name:
HARRIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103896
Motion number(s):
M-64100
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Yusuf Harris, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Paul F. Cagino, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 26, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to compel disclosure. However, it appears that the service and filingof the papers on this motion is the initial demand for disclosure. This view is confirmed by a letter from claimant sent in reply to defendant's affirmation in opposition. In the letter claimant states that he served the demands on October 3, 2001, well after the motion was made. Inasmuch as defendant's time to provide a response to the demands served October 3, 2001 had not expired at the time the motion was made (see CPLR 3120[a][2]), the motion is denied.


November 26, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion sworn to the 15th day of August, 2001
  2. Affidavit in Support of Yusuf Harris sworn to the 15th day of August, 2001
  3. Affirmation in Opposition of Paul F. Cagino, Esq. dated October 9, 2001