New York State Court of Claims

New York State Court of Claims

UMBER v. THE STATE OF NEW YORK, #2002-005-541, Claim No. 105358, Motion No. M-65281


Synopsis


Claimant's motion for an order compelling production of certain documents is denied as premature because no article 31 demands have been made by Claimant.

Case Information

UID:
2002-005-541
Claimant(s):
AARON UMBER
Claimant short name:
UMBER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105358
Motion number(s):
M-65281
Cross-motion number(s):

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

Signature date:
October 21, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On July 17, 2002, the following papers, numbered 1 to 6, were read on motion by Claimant for an order compelling production of certain documents:

Papers Numbered

1, 2 Notice of Motion, Affidavit and Exhibits Annexed
  1. Opposing Affirmation
  2. Reply Affidavit
5, 6 Filed Papers: Claim, Answer

Upon the foregoing papers, this motion is denied.

In this motion, Claimant seeks to compel the Defendant to produce certain documents which he claims are necessary to respond to the Defendant's own demands for discovery. Defendant opposes the motion on the basis that Claimant has not made any demands under applicable sections of article 31 of the CPLR. As such Defendant contends that the motion is premature and without foundation.

In response Claimant asserts that the documents which the Defendant has sought are in the possession of the Department of Correctional Services and he cannot comply with the demands of the Defendant unless this motion is granted. Claimant apparently has sought these documents through Freedom of Information Act requests, for which DOCS has sought copying and other costs.

Prior to bringing any motion to compel the production of documents, Claimant must at least show a good faith effort to obtain the same from the Defendant (CPLR 3124). Here Claimant has apparently only sought to utilize the Freedom of Information Act, and none of the other discovery tools enumerated in CPLR article 31.

Accordingly this motion is premature, and must be denied.


October 21, 2002
Rochester, New York

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