New York State Court of Claims

New York State Court of Claims

TUMMINIA v. THE STATE OF NEW YORK, #2002-005-555, Claim No. 103765, Motion No. M-65928


Synopsis


Claimant's motion for an order compelling production and/or inspection of certain documents, etc., is denied.

Case Information

UID:
2002-005-555
Claimant(s):
ROBERT W. TUMMINIA
Claimant short name:
TUMMINIA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103765
Motion number(s):
M-65928
Cross-motion number(s):

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

Signature date:
January 29, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On November 13, 2002, the following papers, numbered 1 to 5, were read on motion by Claimant for an order compelling production and/or inspection of certain documents, etc.:

1, 2 Notice of Motion and Affidavit in Support
  1. Opposing Affirmation
4, 5 Filed Papers: Claim, Answer

Upon the foregoing papers, this motion is denied.

In this motion, Claimant seeks an order directing that the Defendant produce certain papers, books, records, photographs, etc. relating to alleged assaults upon Claimant on October 21, 1999, December 25, 1999, and November 28, 2001, as contained within Claimant's Notice for Discovery and Inspection served on or about August 4, 2002.

In an affirmation dated October 24, 2002, Defendant affirms that it has served and filed its response to the said Demand for Discovery and Inspection dated August 4, 2002.

Accordingly, the Claimant's motion is denied as moot.


January 29, 2003
Rochester, New York

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