Claimant, an inmate appearing pro se, moves for an order compelling disclosure
pursuant to CPLR 3120.
The State of New York
(hereinafter "State") opposes the motion.
This is a bailment claim relating to claimant's missing personal property
including legal documents, tobacco, photographs and a typewriter which appears
to have occurred in April and May of 2000. (Amended Claim, ¶ 4). Claimant
previously served a discovery demand on defendant dated June 25, 2001 demanding
various documents to which the State responded in a response dated April 18,
2002. For the next two years, claimant sent numerous letters to the State
requesting the information he believed was missing from the State's responses.
(Claimant's Exhibits C, E & F). By way of this motion, claimant seeks the
court's assistance in compelling the State to provide the alleged missing
responses to his discovery demands.
First, claimant seeks an I-64 form dated February 3, 2000. (Claimant's Exhibit
C). The State submits a letter from Wende Correctional Facility, as well as
records from Great Meadow Correctional Facility, indicating that no such I-64
form dated 2/3/00 is contained in claimant's
(Affirmation of Carol A. Cocchiola,
AAG, ¶ ¶ 5 & 6; Exhibits B & C). Additionally, the State
avers that "[a]ll of the relevant I-64's that were in claimant's files were
provided with the original response to discovery demands dated April 18, 2002."
(Affirmation of Carol A. Cocchiola, AAG, ¶ 5). The court finds the State's
responses to be proper.
Next, claimant seeks "Disbursements for purchase 12/17/99, 12/21/99, 4/24/00,
6/2/00". (Claimant's Exhibit C). The State has attached to its papers the only
disbursement or refund requests located for December 1999 which are dated
December 14, 1999 (two) and December 19, 1999. (State's Exhibit D). The State
also submits additional inmate statements indicating that there are no entries
for 4/24/00. (State's Exhibit D). The State has submitted records for
commissary buys posted on 6/2/00 and 6/6/00. (State's Exhibit D). The court
finds the State's responses to be proper.
Claimant also seeks "F-Block out going mail log book pertaining to out going
legal mail, and personal mail from the months of March, April, and May 2000".
(Claimant's Exhibit C). The State indicates that Great Meadow Correctional
Facility does not keep records of legal mail, unless the items are sent by
certified mail. (Affirmation of Carol A. Cocchiola, AAG, ¶ 7). The State
has submitted a copy of the certified mail notebook for the months of March,
April, and May 2000. (State's Exhibit C). The court finds the State's
response to be proper.
Additionally, claimant seeks "commissary purchase receipts from December 1999,
January, February, March, April, and May 2000." (Claimant's Exhibit C). The
State advises that Great Meadow's commissary receipts from 1999 have been
destroyed and are no longer available. (Affirmation of Carol A. Cocchiola, AAG,
¶ 7). The court finds the State's response to be proper.
Next, claimant requests "package room slip for Sing Sing 1996, and Elmira
1996." (Claimant's Affidavit, p 6). The State fails to address this request.
Nevertheless, claimant has failed to establish how package room slips from 1996
are material and necessary to this claim nor can the court locate this request
in the original demand. As such, claimant's demand for an order compelling the
disclosure of 1996 package room slips is denied.
Finally, the court notes that the delay in the State's response has not
resulted in any prejudice to claimant inasmuch as this matter is yet to be
scheduled for trial. Moreover, the court notes that the State has provided the
documents without requesting payment for the cost of photocopying even though it
would have been entitled to do so. Claimant's request for costs is denied.
(CCA § 27).
In view of the foregoing, it is ORDERED, that claimant's motion, Motion No.
M-68225, is DENIED.