New York State Court of Claims

New York State Court of Claims

CARTER v. THE STATE OF NEW YORK, # 2003-028-522, Claim No. 105747, Motion No. M-66194


Synopsis


Claimant's motion to compel the attendance of a witness at trial is denied without prejudice as premature.

Case Information

UID:
2003-028-522
Claimant(s):
JAMES ANTHONY CARTER, JR.
Claimant short name:
CARTER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105747
Motion number(s):
M-66194
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
JAMES ANTHONY CARTER, JR., pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Michele M. Walls, EsqAssistant Attorney General
Third-party defendant's attorney:

Signature date:
March 20, 2003
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Claimant's motion pursuant to CPLR Article 23


1) Notice of Motion and Supporting Affidavit of James Anthony Carter, Jr. Filed December 30, 2002 (Carter Affidavit);


2) Affirmation in opposition of Assistant Attorney General Michele M. Walls filed February 3, 2003 (Walls Affirmation).


Filed Papers: Claim and Answer.

Claimant, at all times relevant an inmate, alleges the Defendant failed to provide adequate and proper medical attention by denying surgery (Claim, ¶ 2). Procedurally, Claimant has fast-tracked his Claim by filing a Note of Issue and Certificate of Readiness (see Carter v State of New York, Ct Cl, Sise, J., Claim No. 105747, Motion No. M-65523, [unpublished opinion] November 8, 2002) and now seeks a trial subpoena ad testificandum for a treating physician. Defendant opposes the motion as premature (Walls Affirmation, ¶ 3).
The Court, although accepting Claimant's Note of Issue and Certificate of Readiness (id.), has neither reached nor scheduled this Claim for trial. As such, Claimant's application is denied, without prejudice, as premature.

Claimant is advised that when the Claim is reached for trial, the Court will notify him in writing of the date of the trial and at that time, the Court, upon a proper application, will entertain requests for subpoenas.

For the foregoing reasons, Motion Number M-66194 shall be and hereby is denied.


March 20, 2003
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims