Notice of Motion, Affirmation, with Exhibits 1,2
Claimant, at the time appearing pro se, filed this claim with the Clerk
of the Court of Claims on May 1, 2001. Defendant then served its answer to this
claim, together with various discovery demands, and filed copies of those papers
with the Clerk of the Court of Claims on June 18, 2001.
In July, 2001, defendant's attorney received correspondence from attorney
Alfred P. Kremer, indicating that he was now representing claimant. At that
time, however, claimant's attorney did not file a notice of appearance with the
Clerk of the Court.
Having no knowledge that claimant had secured legal representation, this Court,
by letter dated May 9, 2002, advised the parties that a date had been scheduled
for the trial of this claim. Upon receipt of this notice, defendant obtained
permission from this Court (in accordance with § 206.8[b] of the
Uniform Rules for the Court of Claims) to bring the instant motion, and advised
the Court that Mr. Kremer was purportedly representing claimant. Mr. Kremer
then filed a notice of appearance with the Clerk of the Court, and upon receipt
of that notice, the trial was adjourned pending completion of discovery.
To date, however, neither claimant nor his attorney have submitted any response
to the instant motion, nor is there any indication that responses have been made
to the previously served demands.
Accordingly, it is
ORDERED, that Motion No. M-65253 is hereby GRANTED; and it is further
ORDERED, that claimant, at the time of the trial of this claim, is hereby
precluded from offering any evidence, testimony, or designated items of which
disclosure has been sought by defendant's Demand for Discovery and Production,
Expert Disclosure Demand, and Defendant's First Set of Interrogatories,
including evidence of any mental or physical condition sought to be determined
in the claim herein, unless, within 45 days from the service of a copy of this
order with notice of entry thereon upon claimant's attorney, claimant shall
serve upon the attorney for the defendant his responses and items pursuant to
those demands of the defendant.