New York State Court of Claims

New York State Court of Claims

BRACE v. THE STATE OF NEW YORK, #2003-030-543, Claim No. 106850, Motion No. M-66553


Synopsis


Claimant's motion to compel discovery pursuant to §3124 CPLR denied.

Case Information

UID:
2003-030-543
Claimant(s):
DONALD BRACE
Claimant short name:
BRACE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106850
Motion number(s):
M-66553
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
DONALD BRACE, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: ELYSE ANGELICO, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
May 20, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 5 were read and considered on Claimant's


motion to compel discovery pursuant to Civil Practice Law and Rules §3124:

1,2 Notice of Motion, Affidavit in Support by Donald Brace, Claimant, sworn to March 6, 2003 and accompanying exhibits

3 Affirmation in Opposition by Elyse J. Angelico, Assistant Attorney General, dated April 10, 2003, and accompanying exhibits

4,5 Filed papers: Claim, Answer

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

Denied as moot or as outside the scope of discovery in that it requests documents not in the control of Defendant. Claimant alleges in Claim Number 106850 that Defendant's agents negligently failed to provide him with adequate medical care while he was incarcerated at Sing Sing Correctional Facility (hereafter Sing Sing).

Claimant requested copies of medical records from Westchester County Medical Center in one notice he served upon the Attorney General pursuant to Civil Practice Law and Rules §3120(b). As noted by Defendant, Westchester County Medical Center is not a facility owned or operated by the State of New York and is, therefore, not represented by the Office of the Attorney General. It is suggested that whatever documents Claimant seeks from that institution be sought directly.

Claimant also served a notice upon the Office of the Attorney General presumably asking for documents within the control of the New York State Department of Correctional Services (hereafter DOCS) - although the request does not specify this information.

In any event, Defendant has responded to the request by production of Claimant's Ambulatory Health Records for the period from December 22, 2000 to March 21, 2001. [Affirmation in Opposition, Exhibit "B"]. These records include the names of whatever medical personnel treated Claimant at the facility. With respect to the medical profile of certain medications, Defendant points out that a Physicians' Desk Reference available at the Sing Sing law library could be consulted for information. Asking Defendant to provide such information - not in defendant's control and to which Claimant has equal access - is outside the scope of discovery.

Accordingly, Claimant's Motion Number M-66553 is in all respects denied as moot, or otherwise denied as seeking material outside the scope of discovery. See, generally, Civil Practice Law and Rules §3101.


May 20, 2003
White Plains, New York

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