New York State Court of Claims

New York State Court of Claims

CAMPOLITO v. THE STATE OF NEW YORK, #2003-019-574, Claim No. 107825, Motion No. M-67682


Synopsis


Case Information

UID:
2003-019-574
Claimant(s):
ANTHONY M. CAMPOLITO
Claimant short name:
CAMPOLITO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107825
Motion number(s):
M-67682
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ANTHONY M. CAMPOLITO, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: James E. Shoemaker, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
December 10, 2003
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for an order compelling a response to his prior discovery demands. The State of New York (hereinafter "State") opposes the motion.

The State's opposing papers contain a request for a sixty-day adjournment of this matter to allow it an opportunity to respond to claimant's outstanding discovery demands. In view of the recent motion practice and the representations of counsel relative to the confusion surrounding the return date of this motion, the court finds no prejudice to claimant to allow the requested adjournment. (Affirmation in Opposition, ¶ 4; Campolito v State of New York, Ct Cl, October 15, 2003, Lebous, J., Claim No. 107825, Motion Nos. M-67276 & M-67381 [UID No. 2003-019-564]).[1] As such, the court will adjourn this motion until January 28, 2004 by which time the parties should advise the court in writing as to the progress of discovery.


Accordingly, in view of the foregoing, it is ORDERED that Motion No. M-67682 is adjourned until January 28, 2004 in order to allow the State an additional 60 days to respond to the discovery demands in the first instance.

December 10, 2003
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims




[1]Unreported decisions from the Court of Claims are available via the Internet at