New York State Court of Claims

New York State Court of Claims

SIMS v. THE STATE OF NEW YORK, #2001-016-016, Claim No. 99418, Motion No. M-63018


Synopsis


Defendant's motion to strike pro se claimant's premature note of issue was granted.

Case Information

UID:
2001-016-016
Claimant(s):
ROBERT SIMS
Claimant short name:
SIMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99418
Motion number(s):
M-63018
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Robert Sims
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carol A. Cocchiola, AAG
Third-party defendant's attorney:

Signature date:
March 5, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Robert Sims alleges that he was assaulted at Sullivan Correctional Facility on September 14, 1998. This is defendant's motion to vacate the note of issue and certificate of readiness filed by claimant on January 8, 2001. In his bill of particulars, claimant states, among other things, that a bill of particulars is "not required" and that "[t]here has been a reasonable opportunity to complete the foregoing proceedings." However, claimant does not dispute that at the time he filed his note of issue there were outstanding discovery requests directed to him from defendant, including a demand for a bill of particulars. Defendant also states that it has recently received information from the Department of Correctional Services "and has been attempting to comply with claimant's ongoing request[s] for discovery."

Claimant has failed to demonstrate undue delay on the part of defendant in seeking discovery. Moreover, defendant notes that the remaining discovery should be completed in a short period of time.

In view of the foregoing, having reviewed the parties' submissions,[1] IT IS ORDERED that motion no. M-63018 is granted and claimant's note of issue filed January 8, 2001 is hereby vacated.


March 5, 2001
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]Along with the pleadings, the Court reviewed: defendant's notice of motion with affirmation in support ; claimant's affidavit in opposition; and defendant's reply affirmation with undesignated exhibit.