New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2004-019-590, Claim No. 109512, Motion No. M-69070


Synopsis


Claimant's motion to compel discovery is adjourned to permit the State additional time to respond to discovery demands.

Case Information

UID:
2004-019-590
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):
109512
Motion number(s):
M-69070
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. In response, the State of New York (hereinafter "State") requests additional time in order to respond to the underlying discovery demands.

Claimant avers that he has not received responses from the State with respect to discovery demands dated June 14, 2004. Claimant also avers he sent a letter to the State dated July 30, 2004 requesting a response to his demands. It is undisputed that the State failed to respond to either the discovery demand or subsequent letter. The State requests an additional 120 days to respond to the discovery demands.


The court finds no prejudice will result by providing the State an additional 120 days to respond to claimant's discovery demands. However, rather than deny claimant's motion, the court will adjourn this motion until February 2, 2005, 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-69070 is adjourned until February 2, 2005 in accordance with the foregoing.

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-69070, dated September 1, 2004, and filed September 7, 2004.
  2. Affidavit of Shawn Green, in support of motion, sworn to September 1, 2004.
  3. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated September 14, 2004, and filed September 16, 2004, with attached exhibits.
  4. Reply Affidavit of Shawn Green, in support of motion, sworn to September 20, 2004, and filed September 23, 2004.