New York State Court of Claims

New York State Court of Claims

NEWKIRK v. THE STATE OF NEW YORK, #2003-016-010, Claim No. 106090, Motion No. M-66042


Synopsis


Inmate's discovery motion was denied with leave to renew.

Case Information

UID:
2003-016-010
Claimant(s):
KEVIN NEWKIRK
Claimant short name:
NEWKIRK
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106090
Motion number(s):
M-66042
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Kevin Newkirk
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: James E. Shoemaker, AAG
Third-party defendant's attorney:

Signature date:
February 7, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Kevin Newkirk asserts that in December, 2000, he discovered that the drinking water at Woodbourne Correctional Facility was contaminated with toxic substances from a fuel oil spill. This is Mr. Newkirk's motion to compel responses to his August 2002 "Interrogatories and Request for Identification and Production of Documents." As of the time this motion was made, defendant had not responded to such discovery request. In its opposition to this motion, defendant notes that many of the documents sought by claimant, to the extent they exist, would be located in Department of Correctional Services' archives. Defendant states that it is searching for the documents, and should responsive documents be located, they will be produced to claimant at a cost of $.25 per page.

In view of the foregoing, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-66042 be denied with leave to renew should defendant fail to respond to claimant's discovery request within sixty (60) days of the filing of this Decision and Order.


February 7, 2003
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's notice of motion with affidavit in support; and defendant's affirmation in opposition with exhibit A.