New York State Court of Claims

New York State Court of Claims

STRONG v. THE STATE OF NEW YORK, #2004-016-031, Claim No. 105656, Motion No. M-67935


Synopsis


Case Information

UID:
2004-016-031
Claimant(s):
PERRY STRONG
Claimant short name:
STRONG
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105656
Motion number(s):
M-67935
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Perry Strong
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Mary B. Kavaney, Esq., AAG
Third-party defendant's attorney:

Signature date:
June 4, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Perry Strong deems this application as a "motion for a protective order." What he actually seeks is to take the depositions of two Department of Correctional Services nurses. In his underlying claim, Mr. Strong alleges that he was assaulted by correction officers at Otisville Correctional Facility. A motion for a protective order pursuant to CPLR §3103 is not the proper vehicle to obtain deposition testimony. Moreover, Mr. Strong has not indicated how the two potential deponents relate to his claim.

In any event, claimant is reminded that if he were to take any depositions in this case, he would be required to arrange and pay for a Court reporter to transcribe the proceedings. An alternative exists under CPLR §3130 – serving defendant with written interrogatories.

For the foregoing reasons, having reviewed the submissions[1], IT IS ORDERED that motion no. M-67935 be denied.


June 4, 2004
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims





  1. [1]The Court reviewed: Claimant's Affidavit in Support of a Motion for a Protective Order and Defendant's Affirmation in Opposition with Exhibit 1.