New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2001-015-145, Claim No. 103284, Motion No. M-63021


Synopsis


Pro se claimant's motion for an order compelling Sate's production of discovery documents denied due to claimant's failure to supply affidavit of good faith required by 22 NYCRR 206.8 (b).

Case Information

UID:
2001-015-145
Claimant(s):
ANTONIO BROWN
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103284
Motion number(s):
M-63021
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Antonio Brown, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: G. Lawrence Dillon, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
April 24, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant's motion pursuant to CPLR Rule 3124 for an order compelling the production of documents specified in thirteen separately stated and numbered written requests dated November 12, 2000 is denied. The claim seeks to recover money damages for an alleged assault and battery upon the claimant by one or more correction officers at Oneida Correctional Facility on August 28, 2000.

On this discovery related motion the claimant failed to include a separate affidavit in support "containing a representation that the parties have conferred with each other in a good faith effort to resolve the issues raised by the motion" as required by 22 NYCRR 206.8(b). Such failure mandates denial of the CPLR 3124 motion (see, Sixty-Six Crosby Assocs. v Berger & Kramer, 256 AD2d 26; Vasquez v G.A.P.L.W. Realty, 236 AD2d 311; Nikpour v City of New York, 179 Misc 2d 928). In addition, in defendant's affirmation in response to claimant's motion to compel, defendant asserts that documents responding to several of the demands were served on claimant on February 20, 2001. Claimant's motion is accordingly, denied.


April 24, 2001
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated January 25, 2001;
  2. Affidavit of Antonio Brown sworn to January 25, 2001 with attachments;
  3. Defendant's affirmation of G. Lawrence Dillon in response to claimant's motion to compel dated February 20, 2001;
  4. Plaintiff's [sic] reply to defendant's response dated February 25, 2001.