New York State Court of Claims

New York State Court of Claims

VANS v. THE STATE OF NEW YORK , #2003-030-501, Claim No. 106366, Motion No. M-65977


Synopsis


Pro Se Inmate's Motion to Compel Defendant to furnish Verified Bill of Particulars denied as premature. Issue not joined

Case Information

UID:
2003-030-501
Claimant(s):
RODNEY VANS
Claimant short name:
VANS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106366
Motion number(s):
M-65977
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
RODNEY VANS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZERNEW YORK STATE ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
January 3, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers numbered 1 to 3 were read on Claimant's unopposed motion for an


order compelling Defendant to furnish a Verified Bill of Particulars and for the production of


documents:

1,2 Notice of Motion, Affidavit in Support.

3,4,5 Filed Papers: Vans v State of New York, Claim No. 104565, M-64572 (Waldon, J. June 17, 2002); Vans v State of New York, Claim No. 106366, M-65859 (Scuccimarra, J. October 31, 2002); Claim.


No Opposition filed.


After carefully considering the papers submitted and the applicable law the motion is disposed of as follows:

Denied. It appears the present claim was filed with the Chief Clerk on July 15, 2002. No affidavit of service indicating that the claim was served upon the Attorney General appears to have been filed as required [See, 22 NYCRR §206.5], and no Answer appears to have been served thus joining issue. Accordingly, this motion is premature, since there has been no pleading filed that requires amplification through a bill of particulars [See, §3041 Civil Practice Law and Rules] and, absent joinder of issue, no discovery is warranted. See, generally, Article 31 Civil Practice Law and Rules.

Additionally, the Court denied a motion for exactly the same relief for the same reasons on October 31, 2002.



January 3, 2003
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims