New York State Court of Claims

New York State Court of Claims

SANCHEZ v. THE STATE OF NEW YORK, #2003-016-077, Claim No. 104064, Motion No. M-67049


Synopsis


Inmate discovery motion was denied as moot.

Case Information

UID:
2003-016-077
Claimant(s):
ROBERTO SANCHEZ
Claimant short name:
SANCHEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104064
Motion number(s):
M-67049
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Roberto Sanchez
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carol A. Cocchiola, Esq., AAG
Third-party defendant's attorney:

Signature date:
October 3, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant Roberto Sanchez' motion to compel discovery from defendant. In his underlying claim, Mr. Sanchez asserts that defendant was negligent in not providing him with a wheelchair on a trip outside Sullivan Correctional Facility during which he slipped and fell, injuring himself. Claimant asserts that on April 12, 2003, he served a demand for discovery on defendant, to which defendant has failed to respond. Claimant states that "if the defendant were to supply the claimant with a copy of all medical records, pertaining to the claimant . . . relating to all medical treatment in question in this action, it would answer a majority of the demand for discovery," however he provides no specifics on any other demands as to which defendant has allegedly failed to respond. See p. 2 of claimant's notice of motion.

In its opposition to this motion, defendant states that it has provided claimant under separate cover with the medical documents he has requested, which defendant describes as "extensive." Defendant further explains that its delay in responding to claimant's discovery request was not wilful, "but rather, arises from the extensive nature of claimant's medical history while incarcerated." See ¶5 of the August 15, 2003 affirmation of Carol A. Cocchiola.

In view of the foregoing, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-67049 be denied.


October 3, 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 ; and defendant's affirmation in opposition.