New York State Court of Claims

New York State Court of Claims

ARCE v. THE STATE OF NEW YORK, #2003-009-20, Claim No. 105449, Motion No. M-66306


Synopsis


Claimant's application requesting the Court to issue a subpoena for a non-party witness was denied, without prejudice, as being premature.

Case Information

UID:
2003-009-20
Claimant(s):
GEORGE ARCE
Claimant short name:
ARCE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105449
Motion number(s):
M-66306
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant's attorney:
GEORGE ARCE, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: G. Lawrence Dillon, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:

Signature date:
June 4, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant has made an application requesting the Court to issue a subpoena compelling the attendance at his trial of a non-party witness.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affidavit 1,2


Defendant's Response (Affirmation), with Exhibits 3

"Response to All Moving Papers by Defendant" (Reply), with Exhibits (Responses to Defendant's Discovery Demands) 4

In his motion, claimant requests this Court to issue a subpoena to Mary Janis-Zeski, a physical therapist employed at Wende Correctional Facility. Defendant objects to this request, contending that claimant may intend to call Ms. Janis-Zeski to offer expert medical testimony.

Without considering this issue, the Court notes that a date has not yet been established for the trial of this claim. Claimant's application for a court- ordered subpoena for an unscheduled trial is therefore premature.

Accordingly, it is

ORDERED, that Motion No. M-66306 is hereby DENIED, without prejudice. Claimant may make another application for this relief (unless resolved by stipulation between the parties) once this claim is scheduled for trial.


June 4, 2003
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims