New York State Court of Claims

New York State Court of Claims

LARRY v. THE STATE OF NEW YORK, #2002-011-562, Claim No. 104322, Motion No. M-64972


Synopsis


Claimant's motion to compel defendant to provide documents demanded in a notice dated July17, 2001 and to answer interrogatories propounded on that date is denied.

Case Information

UID:
2002-011-562
Claimant(s):
MARK LARRY, 87 T 1430
Claimant short name:
LARRY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104322
Motion number(s):
M-64972
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Mark Larry, 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:
July 29, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved to compel defendant to provide documents demanded in a notice

dated July 17, 2001 and to answer interrogatories propounded on that date. A prior motion concerning the same notice and interrogatories was denied without prejudice to a new motion to compel based on the legitimacy of the objections raised in the response provided by defendant dated October 16, 2001. Claimant, however, has again failed to address in the papers submitted in support of the motion the legitimacy of the objections raised in the response. Instead claimant offers the argument previously rejected by the court that the response was not provided within the time required by the CPLR. Accordingly, the motion is denied.


July 29, 2002
Saratoga Springs, New York

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



Papers Supplied:

1. Notice of Motion dated March 10, 2002
2. Affidavit in Support sworn to the 14th day of March, 2002 with exhibits annexed
3. Affirmation in Opposition of Michael W. Friedman, Esq. dated April 23, 2002
4. Unsworn Affirmation in Opposition of Mark Larry dated April 30, 2002