New York State Court of Claims

New York State Court of Claims

KROEMER v. THE STATE OF NEW YORK, #2001-031-002, Claim No. 99532, Motion No. M-64012


Synopsis


Claimant's motion to compel discovery is denied as moot. Defendant responded to Claimant's demands.

Case Information

UID:
2001-031-002
Claimant(s):
KENT A. KROEMER
Claimant short name:
KROEMER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99532
Motion number(s):
M-64012
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
KENT A. KROEMERPRO SE
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General of the State of New York
BY: GREGORY P. MILLER, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 15, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers, numbered 1 to 5, were read on motion by Claimant for an order compelling production of certain documents:Papers Numbered
Notice of Motion dated August 19, 2001,

Affidavit and Exhibits Annexed 1, 2

Opposing Affidavit sworn to September 25, 2001

and Exhibit Annexed 3

Letter from Claimant dated October 9, 2001 4

Filed Papers: Claim 5


Upon the foregoing papers, this motion is denied as moot.

Claimant seeks to compel production of certain documents as contained in demands dated April 24, 2001 and June 18, 2001.

The Defendant, through the affidavit of Gregory P. Miller, Esq. and the annexed exhibit, has demonstrated that its responses to these discovery demands were served on September 25, 2001 and thus asserts that this motion is moot.

In his subsequent letter, Claimant asked that his motion, nonetheless, be granted as not all of the demands were answered to his satisfaction. Regardless, the sufficiency or adequacy of the responses would have to be considered in another motion, not the one currently before me.

The motion is denied as moot.

November 15, 2001
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims