New York State Court of Claims

New York State Court of Claims

FERGUSON v. STATE OF NEW YORK, #2002-011-510, Claim No. 104255, Motion No. M-64352


Synopsis


Claimant's application to compel disclosure of documents and photographs in the possession of defendant is denied.

Case Information

UID:
2002-011-510
Claimant(s):
GREGORY FERGUSON
Claimant short name:
FERGUSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104255
Motion number(s):
M-64352
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Gregory Ferguson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael W. Friedman, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 6, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to compel disclosure of documents and photographs in the possessionof defendant. However, as defendant points out, no demand for the material has been served by claimant. The proper method for obtaining disclosure is by stipulation or on notice without leave of court and not by motion (CPLR 3102). Claimant, therefore, should serve a written demand on defendant for any documents or photographs in defendant's possession which he believes to be material and relevant to prosecution of the claim.

The motion is denied.


February 6, 2002
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Paper Submitted:

  1. Discovery Motion filed on November 19, 2001
  2. Affirmation in Opposition of Michael W. Friedman, Esq. dated December 5, 2001
  3. Reply to Affirmation in Opposition of Gregory Ferguson unsworn and filed on December 19, 2001