New York State Court of Claims

New York State Court of Claims

MORENO v. THE STATE OF NEW YORK, #2002-011-582, Claim No. 105535, Motion No. M-65335


Synopsis


Claimant's motion to compel defendant to provided a response to a notice for discovery and inspection is denied.

Case Information

UID:
2002-011-582
Claimant(s):
MICHAEL MORENO
Claimant short name:
MORENO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105535
Motion number(s):
M-65335
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Michael Moreno, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved to compel defendant to provide a response to a notice for discovery

and inspection. However, in the only affidavit submitted, claimant sets forth eight items sought and indicates that they are to be produced for his inspection on June 26, 2002, a date subsequent to making this motion[1]. He does not state that any other demands were served or that defendant has failed to provide a response to any other demand. Inasmuch as claimant has failed to establish that defendant has not provided a response to a demand in accordance with the requirements of CPLR Article 31, the motion is denied.


September 10, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion filed on June 10, 2002
2. Affidavit in Support of Michael Moreno sworn to the 4th day of June, 2002


[1]In a letter to the Chief Clerk of the Court, claimant states that defendant has failed to respond to two previously served demands. The letter, however, is not in the form of a sworn statement and therefore, was not considered in deciding this motion.