New York State Court of Claims

New York State Court of Claims

MYERS v. THE STATE OF NEW YORK, #2004-015-433, Claim No. 109325, Motion No. M-68797


Synopsis


Inmate's motion to compel discovery denied as too non-specific and lacking in adequate proof of service upon the Attorney General.

Case Information

UID:
2004-015-433
Claimant(s):
MICHAEL MYERS
Claimant short name:
MYERS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109325
Motion number(s):
M-68797
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Michael Myers, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, Esquire Defense counsel advised the Court by letter dated August 20, 2004 that the Attorney General was not served with the instant motion.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 27, 2004
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant's motion "to compel discovery" is denied. The unverified claim filed on May 7, 2004 seeks to recover damages for medical malpractice/negligence and the alleged loss of claimant's personal property on "11-7-03 and 10-2-03 and in the year or so 2001 and 2004." The events giving rise to this claim allegedly occurred at Great Meadow Correctional Facility, Clinton Correctional Facility and Franklin Correctional Facility.

Claimant now moves by means of an unsworn affidavit for an order compelling the defendant to disclose "my requested documents." Specifically he states:
1) I have filed a discovery request with the Defendant in this action within 30 days and the defendant counsel denied my request to produce the documents I have filed with the Court of Claims.

2) I need these documents to prove my claim in the Court of Claims.

3) I was already granted permission to proceed with this claim in the Court of Claims.

4) I was granted poor person and Charged $25.00 filing fee so the court should order the defendant to send me the requested documents in this action.
Even if these allegations were contained in a properly sworn affidavit they are too nonspecific to obtain the relief requested. Claimant did not attach a copy of either his alleged discovery request or the defendant's response thereto nor has he alleged when the request was served upon the Attorney General. The current motion papers do not even contain a description of the materials requested.

Furthermore, in response to the Court Clerk's notification of the return date of the motion Assistant Attorney General Glenn C. King advised the Court by letter dated August 20, 2004 that the Attorney General had not been served with the motion. Significantly, claimant's "affirmation" of service fails to allege the date when the motion was purportedly served upon the Attorney General.

Claimant's motion to compel discovery is denied.


October 27, 2004
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion, undated;
  2. "Affirmation" of Michael Myers dated July 16, 2004;
  3. Letter dated August 20, 2004 from Glenn C. King.