New York State Court of Claims

New York State Court of Claims

KING v. THE STATE OF NEW YORK, #2002-011-597, Claim No. 104307, Motion No. M-65477


Synopsis


Claimant's motion to compel defendant to provide a copy of his medical records is denied.

Case Information

UID:
2002-011-597
Claimant(s):
BOBBY KING, 91 A 7775
Claimant short name:
KING
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104307
Motion number(s):
M-65477
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Bobby King, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kathleen M. Resnick, Esq., Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 24, 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 complete copy of his

medical records.

CPLR 3101 (a) requires "... full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof". Demands for discovery of documents and things "shall set forth the items to be inspected, copied, tested or photographed by individual item or by category, and shall describe each item and category with reasonable particularity." (CPLR 3120[a][2]).

In a Notice for Discovery and Inspection dated March 18, 2002 claimant requested that defendant produce those medical records in its control. In his affidavit in support of the motion claimant implies that the records have not been provided and that they have been lost either negligently or wilfully. In addition, he has provided an e-mail from a medical records clerk to other correctional facilities seeking any medical records of claimant.

In an affidavit from the individual who sent the e-mail she explains that the communication was an effort to locate a copy of a CT scan that was not among the medical records at the facility where claimant was housed. She further avers that the CT scan was located and provided to claimant. In addition, she states that claimant has reviewed all of the medical records in defendant's possession and that she is not aware of any missing records.

Based on the affidavit by the medical records clerk, it appears that defendant has complied with the demand for medical records. Accordingly, the motion to compel is denied.


October 24, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion and Affidavit sworn to the 2nd day of May, 2002 with attachments
2. Affirmation in Opposition of Kathleen M. Resnick, Esq., dated July 17, 2002
3. Affidavit of Minerva Cardona sworn to the 16th day of May, 2002