New York State Court of Claims

New York State Court of Claims

JENKINS v. THE STATE OF NEW YORK, #2004-019-521, Claim No. 108431, Motion No. M-67951


Synopsis


Case Information

UID:
2004-019-521
Claimant(s):
CHARLES JENKINS
Claimant short name:
JENKINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108431
Motion number(s):
M-67951
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
CHARLES JENKINS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: James E. Shoemaker, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
February 25, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for an order compelling a response to his discovery demand entitled "First Request for Disclosure of Documents" pursuant to CPLR 3124. The State of New York (hereinafter "State") opposes the motion.

Claimant served a "First Request for Disclosure of Documents" on the Office of the Attorney General on or about December 4, 2003. The State's opposing papers concede that it took more than thirty days to respond to the demand, but indicates that the reason for the delay was because claimant's records had been expunged from his file at the facility and thus were difficult to locate. The State further indicates that the documents have since been located and that the State submitted a response to the discovery demand on February 13, 2004. (Affirmation of James E. Shoemaker, AAG, ¶ 4). The court finds no prejudice to claimant resulting from the State's minimal delay in responding to claimant's discovery demand. Finally, claimant's request for attorney fees, costs, and expenses resulting from the delay is totally without merit. (CCA, § 27).


Accordingly, in view of the foregoing, it is ORDERED that claimant's motion to compel, Motion No. M-67951, is DENIED.


February 25, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims