New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2004-019-589, Claim No. 104741, Motion No. M-69068


Synopsis


Claimant's motion to compel discovery is denied as moot.

Case Information

UID:
2004-019-589
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104741
Motion number(s):
M-69068
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
SHAWN GREEN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
October 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 indicating that it has responded to said demands since the filing of the motion. On or about July 30, 2004, claimant served various discovery demands on the Office of the Attorney General. The State's opposing papers concede that there was a delay in responding to said demands, but attaches a copy of its discovery responses served on September 29, 2004. The court finds no prejudice nor does claimant allege any prejudice resulting from the State's minimal delay in responding to the discovery demand.


Accordingly, in view of the foregoing, it is ORDERED that claimant's motion to compel, Motion No. M-69068, is DENIED AS MOOT.


October 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. Notice of Motion No. M-69068, dated September 1, 2004, and filed September 7, 2004.
  2. Affidavit of Shaw Green, in support of motion, sworn to September 1, 2004.
  3. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated September 30, 2004, and filed October 4, 2004, with attached exhibit.
  4. 4. Letter from Shawn Green to court, received October 18, 2004.