New York State Court of Claims

New York State Court of Claims

SIMS v. THE STATE OF NEW YORK, #2004-019-585, Claim No. 100507, Motion No. M-69101


Synopsis


Claimant's motion to strike answer is adjourned to allow State additional time to provide discovery responses.

Case Information

UID:
2004-019-585
Claimant(s):
ROBERT SIMS
Claimant short name:
SIMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100507
Motion number(s):
M-69101
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ROBERT SIMS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Carol A. Cocchiola, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
October 12, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for an order striking the defendant's Verified Answer due to its failure to respond to his discovery demand entitled "Claimant First Set of Interrogatories and Requests for Production of Documents." The State of New York (hereinafter "State") opposes the motion.

This claim alleges that the State lost various personal items belonging to claimant while he was incarcerated at Elmira Correctional Facility on August 10, 1998. It is undisputed that claimant served his discovery demands quite some time ago, apparently in June of 1999. By all accounts the parties communicated regarding the outstanding discovery demands in March 2001. Nevertheless, claimant never received a response to his demands. In opposition, the State concedes there has been an unusual delay in responding to claimant's requests, but candidly admits that it was due to an oversight in counsel's office. In an attempt to rectify the problem, the State has simultaneously served partial responses to claimant's discovery demands with the service of its opposing papers on this motion. Further, the State requests an additional 60 days in order to obtain the additional documents requested.


Needless to say, the State's delay in responding to claimant's discovery demand is unusual. That having been said, however, claimant waited several years before bringing the instant motion. In view of the State's attempt to get discovery back on track and request for an additional time to provide responses which may well resolve any discovery issues, this court will adjourn this motion until December 15, 2004, by which time the State should provide the additional documents which it is attempting to obtain. Prior to said adjourned date, 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 at that time.


Accordingly, in view of the foregoing, it is ORDERED that Motion No. M-69101 is adjourned until December 15, 2004 in accordance with the foregoing.


October 12, 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 June 7, 1999.
  2. Verified Answer, filed June 18, 1999.
  3. "Claimant First Set of Interrogatories and Requests for Production of Documents", filed June 28, 1999.
  4. Notice of Motion No. M-69101, dated September 10, 2004, and filed September 16, 2004.
  5. Affidavit of Robert Sims, in support of motion, sworn to September 10, 2004, with attached exhibit.
  6. Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated October 4, 2004, and filed October 6, 2004.