New York State Court of Claims

New York State Court of Claims

LAMM v. STATE OF NEW YORK, #2002-018-195, Claim No. 99321, Motion No. M-62596


Synopsis


The original order of the Court dated May 31, 2001, has been amended by this Decision and Order.

Case Information

UID:
2002-018-195
Claimant(s):
LINDSEY G. LAMM
Claimant short name:
LAMM
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99321
Motion number(s):
M-62596
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
BARTON, BARTON & PLOTKINPETER W. YOARS, JR., ESQUIRE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: TIMOTHY J. MULVEY, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
November 26, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision
The Court having held a telephone conference with counsel, Peter W. Yoars, Jr., Esquire, on behalf of Claimant and Timothy J. Mulvey, Esquire, Assistant Attorney General, on behalf of Defendant, to address discovery issues and the production for in-camera inspection and disclosure of the Inspector General's Report, and after hearing from counsel and again reviewing in-camera, the Inspector General's file, it is hereby

ORDERED, that this Court's Decision and Order dated May 31, 2001, and filed June 11, 2001, on Motion No. M-62596 is hereby AMENDED as follows:
a) A copy of the Inspector General's Report shall be disclosed to claimant's counsel. The Court will sign an appropriate subpoena duces tecum prepared by claimant's counsel for the production of the report; and
b) The Inspector General's letterhead, any Inmate Department of Correctional Services Identification Numbers (DIN), and the written
statements from the Inspector General's Investigation file which

were previously ordered to be disclosed pursuant to this Court's

Decision and Order dated May 31, 2001, (M-62596) shall be

redacted from the Inspector General's Report; and


c) The disclosure of this information (the report and statements)

are authorized solely for use by claimant's counsel in prosecuting

this action and shall not be copied or otherwise disseminated to

inmates for any reason; and it is further


ORDERED, that except as modified herein, this Court's Decision and Order dated May 31, 2001, and filed June 11, 2001, on motion number M-62596 shall remain in full force and effect.

November 26, 2002
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims