New York State Court of Claims

New York State Court of Claims

STRONG v. THE STATE OF NEW YORK, #2003-016-037, Claim No. 105656, Motion No. M-66562


Synopsis


Inmate's discovery motion was granted subject to claims of privilege. Request for appointment of counsel was denied.

Case Information

UID:
2003-016-037
Claimant(s):
PERRY STRONG
Claimant short name:
STRONG
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105656
Motion number(s):
M-66562
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Perry Strong
Defendant's attorney:
Eliot Spitzer, Attorney GeneralNo Appearance
Third-party defendant's attorney:

Signature date:
May 27, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Perry Strong asserts that he was assaulted by correction officers at Otisville Correctional Facility. This is Mr. Strong's motion to compel disclosure, specifically, copies of any photographs taken "at the [scene] after the assault." He also seeks the appointment of an attorney to represent him in this case. With regard to the photographs, to the extent they exist, they would be relevant and material and should be produced, subject to any claims of privilege.

As to the appointment of counsel, such is generally not available for civil cases. See Matter of Smiley, 36 NY2d 433, 369 NYS2d 87 (1975).

Accordingly, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-66562 be denied in part and granted in part to the extent that within sixty (60) days of the filing of this Decision and Order, defendant shall produce to claimant, to the extent they exist and subject to any claims of privilege, all photographs taken at the scene following the incident that is the subject of this claim. If any photographs are withheld on the grounds of privilege, they shall be submitted to the Court for in camera review within such sixty (60) day period along with an explanation as to the asserted privilege for each photograph.


May 27, 2003
New York, New York

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




  1. [1]The Court reviewed claimant's notice of motion with affidavit in support and attached letter. Defendant made no submissions.