New York State Court of Claims

New York State Court of Claims

PRICE v. THE STATE OF NEW YORK, #2002-011-590, Claim No. 105265, Motion No. M-65322


Synopsis


Claimant's motion for an order compelling defendant to provide a response to a demand for disclosure is denied.

Case Information

UID:
2002-011-590
Claimant(s):
KEYAN PRICE, 96 A 6137
Claimant short name:
PRICE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105265
Motion number(s):
M-65322
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Keyan Price, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 19, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved for an order compelling defendant to provide a response to a demand

for disclosure dated April 11, 2002 and served on April 15, 2002. In answering the motion defendant has submitted a copy of the disclosure it provided to claimant. Inasmuch as a response has been provided, the motion to compel is moot. Furthermore, although defendant in its response raised objections to some of the items demanded, a determination of whether those objections are proper cannot be made at this time. Claimant did not receive the response from defendant until after this motion was made and therefore, did not have the opportunity to express whether he agrees with the objections or believes that any of the objections are without a basis. Any issue concerning the propriety of the response must be raised in a new motion.

The motion is denied.


September 19, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated May 28, 2002
2. Affidavit in Support of Keyan R. Price sworn to the 28th day of May, 2002 with exhibit A annexed
3. Affirmation in Opposition of Glenn C. King, Esq. dated July 9, 2002 with exhibit annexed