New York State Court of Claims

New York State Court of Claims

BAILEY v. THE STATE OF NEW YORK, #2003-016-063, Claim No. 105220, Motion No. M-66902


Synopsis


Discovery motion was denied.

Case Information

UID:
2003-016-063
Claimant(s):
KEVIN BAILEY
Claimant short name:
BAILEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105220
Motion number(s):
M-66902
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Kevin Bailey
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Joseph F. Romani, Esq., AAG
Third-party defendant's attorney:

Signature date:
August 21, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant Kevin Bailey's motion to compel disclosure. In his underlying claim, Mr. Bailey alleges that he was improperly "double bunked" at Sullivan Correctional Facility. It is undisputed that prior to making this motion, claimant did not seek any discovery from defendant. In fact, both his moving and reply papers are in the nature of disclosure requests. The Civil Practice Law and Rules ("CPLR") essentially provides that in cases such as this one, the parties should, as an initial matter, seek discovery directly from each other, without judicial intervention. See, e.g., CPLR §3102(a). Claimant should thus serve defendant, using one or more of the methods of disclosure referred to in §3102(a).

Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-66902 be denied.

August 21, 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; defendant's affirmation in opposition (which purported to annex exhibits A and B, but in fact had no attachments); and "Claimant['s] Reply to Defendant['s] Response to Claimant['s] Second Demand for Discovery and for Inspection and Documents/Request [for] Production of Documents."