New York State Court of Claims

New York State Court of Claims

CHERRY v. THE STATE OF NEW YORK, #2003-016-044, Claim No. 106880, Motion No. M-66468


Synopsis


Inmate discovery motion denied in part and granted in part.

Case Information

UID:
2003-016-044
Claimant(s):
ERIC K. CHERRY
Claimant short name:
CHERRY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106880
Motion number(s):
M-66468
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Eric K. Cherry
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Mary B. Kavaney, Esq., AAG
Third-party defendant's attorney:

Signature date:
June 13, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is the motion of Eric K. Cherry for an order compelling certain disclosure by defendant. In his underlying claim, Mr. Cherry asserts that because of defendant's negligence, he was injured while on a scaffold at the "Corcraft site" at Otisville Correctional Facility. Claimant's Request for Production of Documents is attached as exhibit A to claimant's moving papers. When defendant initially responded to the request (see exhibit B to claimant's moving papers), it failed to produce a number of documents on the ground that they were not relevant. Claimant argues that such documents are relevant and should be produced. It appears from a review of defendant's opposition papers that defendant has now produced documents that were previously withheld on relevance grounds, to the extent they exist.

Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-66468 be denied.

June 13, 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 exhibits A-C; and defendant's affirmation in opposition with exhibits 1-4.