New York State Court of Claims

New York State Court of Claims

NILES v. THE STATE OF NEW YORK, #2002-005-520, Claim No. 105027, Motion No. M-64684


Synopsis


Claimant's motion for an order imposing sanctions upon the Defendant is denied.

Case Information

UID:
2002-005-520
Claimant(s):
CLIVE NILES
Claimant short name:
NILES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105027
Motion number(s):
M-64684
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Clive Niles,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 13, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On March 13, 2002, the following papers, numbered 1 to 4, were read on motion by Claimant for an order imposing sanctions upon the Defendant:

1, 2 Notice of Motion, Affidavit and Exhibit Annexed
  1. Opposing Affirmation and Exhibit Annexed
  2. Filed Papers: Claim
Upon the foregoing papers, this motion is denied.

Claimant seeks sanctions against the Defendant because he alleges that, in providing witness statements as part of Defendant's response to Claimant's discovery demands, the Defendant included a statement of an individual whose identity is protected as a matter of internal security for the Department of Correctional Services, and that said statement is false. Claimant urges that the Defendant should be sanctioned for providing it in response to Claimant's demand.

Defendant demurs, affirming that it was required to produce witness statements in response to Claimant's article 31 demands.

The Defendant cannot be sanctioned for responding as it did. The truth or falseness of said statement and any purported cover up of the allegations of the claim can be addressed at the trial herein. The admissibility of the statement in question as evidence at trial will be determined at that time, if it is offered into evidence.

The motion is denied.


March 13, 2002
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims