New York State Court of Claims

New York State Court of Claims

JAMES v. THE STATE OF NEW YORK, #2003-031-047, Claim No. 102433, Motion No. M-66639


Synopsis


Defendant's motion to compel disclosure is granted.

Case Information

UID:
2003-031-047
Claimant(s):
CARL JAMES
Claimant short name:
JAMES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102433
Motion number(s):
M-66639
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
CARL JAMES, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: WILLIAM D. LONERGAN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 8, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on motion by Defendant for an order compelling disclosure from Claimant, pursuant to CPLR § 3124:
1. Defendant's Notice of Motion, filed April 3, 2003;
  1. Affidavit of William D. Lonergan, Esq., sworn to April 2, 2003, with attached exhibits. This is Defendant's motion to compel Claimant to respond to its outstanding discovery demands. These demands are: a demand for a verified bill of particulars; a notice for discovery and inspection; a collateral source demand; an expert witness demand; and a notice for examination before trial. Each of these demands was served upon Claimant on June 5, 2000.
Defendant has established due service of the demands upon Claimant, as well as compliance with Section 206.8(b) of the Uniform Rules for the Court of Claims.

The Claimant has not submitted any papers in opposition to this motion. Based upon the papers submitted with this motion, it is

ORDERED, that Motion No. M-66639 is GRANTED; and it is further

ORDERED, that Claimant is hereby compelled and directed to respond fully to and answer each of Defendant's outstanding discovery demands on or before August 29, 2003; and it is further

ORDERED, that Claimant is hereby precluded from offering any evidence or testimony which relates to the items demanded, unless, on or before August 29, 2003, Claimant responds to each of the outstanding discovery requests.

July 8, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims