New York State Court of Claims

New York State Court of Claims

MALIK v. STATE OF NEW YORK, #2002-011-565, Claim No. 102521, Motion No. M-65042


Synopsis


Claimant's motion for an order directing defendant to provide copies of documents and for an order directing witnesses to appear at trial is denied.

Case Information

UID:
2002-011-565
Claimant(s):
ABDEL-JABBOR MALIK
Claimant short name:
MALIK
Footnote (claimant name) :
Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102521
Motion number(s):
M-65042
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Abdel-Jabbor Malik, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, 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 for an order directing defendant to provide him with copies ofdocuments in its possession and for an order directing witnesses to appear at trial to give testimony.

The documents claimant seeks are copies of the papers he submitted in support of two previously made summary judgment motions. Claimant's copies of the documents were lost apparently when he was moved to a different facility. Defendant has agreed to provide the material but only if it is reimbursed at a cost of twenty-five cents per page. Claimant maintains that he cannot afford to pay the cost. Although claimant asserts that he needs the documents to prove his claim and he is entitled to inspect and copy documents in defendant's possession which are relevant to prosecution of the claim (CPLR Article 31), defendant is not required by the statute to provide copies of the material free of charge. Accordingly, that portion of the motion is denied. If at the time of trial claimant has not secured copies of the documents he may request the court to issue a subpoena directing defendant to produce the material at trial or he may ask tht copies in the court's file be made available at the trial.

The request for the production of witnesses is also denied. At present, no day certain for trial of this action has been set and therefore, it would be premature to direct potential witnesses to appear.

The motion is denied.


July 29, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated April 8, 2002
2. Affirmation in Support of Abdel-Jabbor Malik dated April 9, 2002
3. Affirmation in Opposition of Saul Aronson, Esq. dated May 8, 2002