New York State Court of Claims

New York State Court of Claims

WIGFALL v. THE STATE OF NEW YORK, #2004-019-530, Claim No. 106859, Motion No. M-68037


Synopsis


Case Information

UID:
2004-019-530
Claimant(s):
JOSEPH WIGFALL, #93A3352
Claimant short name:
WIGFALL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106859
Motion number(s):
M-68037
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
JOSEPH WIGFALL, 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:
March 19, 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 demands. The State of New York (hereinafter "State") opposes the motion.

Claimant avers that he has not received responses from the State with respect to discovery demands dated September 30, 2003 and December 19, 2003. Claimant also sent a letter to the State dated November 5, 2003 requesting a response to his first demand. In opposition, the State does not address its delay, but rather responds with three different arguments while also requesting a 120-day adjournment of this motion. First, the State indicates that it is responding to "[s]ome of claimant's discovery demands at this time under separate cover." (Affirmation of James E. Shoemaker, AAG, ¶ 5). Second, with respect to claimant's request for certain medical documentation, the State asserts that it is entitled to receive the cost of photocopying prior to producing such records. Third, regarding those same medical records, the State alleges that it cannot obtain those medical records in the first instance without obtaining a medical authorization form from claimant pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law 104-191. (Affirmation of James E. Shoemaker, AAG, ¶ 6). The State alleges it sent claimant the appropriate form for his signature on March 2, 2004.


The court finds no prejudice in granting the State's request for a 120-day adjournment of this matter in order to allow the exchange of a medical authorization form between the parties and subsequent preparation of supplemental discovery responses in connection thereto. As such, the court will adjourn this motion until June 9, 2004 by which time the parties should advise the court in writing as to the progress of discovery and/or make whatever supplemental submissions, if any, to the court they deem necessary in order to address discovery issues that remain.


Accordingly, in view of the foregoing, it is ORDERED that Motion No. M-68037 is adjourned until June 9, 2004 in accordance with the foregoing.


March 19, 2004
Binghamton, New York

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



The Court has considered the following papers in connection with this motion:
  1. Claim, filed October 31, 2002.
  2. Notice of Motion No. M-68037, dated February 9, 2004, and filed February 17, 2004.
  3. Affidavit of Joseph Wigfall, in support of motion, sworn to February 11, 2004, with attached exhibits.
  4. Affirmation of James E. Shoemaker, in opposition to motion, dated March 8, 2004, and filed March 10, 2004, with attached exhibit.