New York State Court of Claims

New York State Court of Claims

MONTALVO v. THE STATE OF NEW YORK, #2004-019-545, Claim No. 109004, Motion No. M-68444


Synopsis


Case Information

UID:
2004-019-545
Claimant(s):
ALBERT MONTALVO
Claimant short name:
MONTALVO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109004
Motion number(s):
M-68444
Cross-motion number(s):

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

Signature date:
June 7, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for an "Order of Extension of Time" to respond to a discovery demand. The State of New York (hereinafter "State") does not oppose the motion.

Claimant seeks additional time to respond to the State's discovery demands. The State has indicated it has no objection to this relief. That having been said, however, the court does not supervise discovery deadlines between parties, absent circumstances not relevant here such as a motion to compel. In short, this is a matter which the parties could have handled between themselves in the first instance without the need for court intervention.


Accordingly, in view of the foregoing, it is ORDERED that claimant's motion for an order of extension of time, Motion No. M-68444, is DENIED AS MOOT since the parties have agreed upon a resolution of this matter between themselves.


June 7, 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 March 5, 2004.
  2. Notice of Motion No. M-68444, dated May 11, 2004, and filed May 17, 2004.
  3. Affidavit of Albert Montalvo, in support of motion, sworn to May 11, 2004, with attachment.
  4. Affirmation of James E. Shoemaker, AAG in response to motion, dated February 26, 2004, and filed May 26, 2004.