New York State Court of Claims

New York State Court of Claims

FOMINAS v. THE STATE OF NEW YORK, #2002-031-043, Claim No. 101218, Motion No. M-65461


Synopsis


Defendant's motion to compel disclosure is granted.

Case Information

UID:
2002-031-043
Claimant(s):
ANATOLIS FOMINAS
Claimant short name:
FOMINAS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101218
Motion number(s):
M-65461
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
ANATOLIS FOMINAS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: WILLIAM D. LONERGAN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 18, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 2, were read on motion by Defendant for an order compelling disclosure from Claimant pursuant to CPLR 3124:
1) Defendant's Notice of Motion filed July 10, 2002;
2) Affidavit of William D. Lonergan, Esq., sworn to July 9, 2002, with attached exhibits. Defendant has brought this motion to compel Claimant to respond to its Notice for Discovery and Inspection and Demand for a Verified Bill of Particulars. These demands were served upon Claimant on November, 26, 1999.

Defendant has established due service of the demands for which this motion is brought,

as well as compliance with Section 206.8(b) of the Uniform Rules for the Court of Claims. The Claimant has not submitted any papers in opposition to this motion. Based upon the papers submitted with this motion, it is

ORDERED, that Motion No. M-65461 is GRANTED; and it is further

ORDERED, that Claimant is hereby compelled and directed to respond fully to and answer Defendant's Notice for Discovery and Inspection and Demand for a Verified Bill of Particulars, and serve the demanded items within 30 days from the service of a copy of this Order with Notice of Entry upon Claimant; and it is further

ORDERED, that Claimant is hereby precluded from offering any evidence or testimony which relates to the items demanded in the Notice for Discovery and Inspection and Demand for a Verified Bill of Particulars unless, within 30 days from service of a copy of this Order with Notice of Entry upon Claimant, the Claimant shall serve upon the attorney for the Defendant the demanded items.

September 18, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims