New York State Court of Claims

New York State Court of Claims

YOUNGBLOOD v. THE STATE OF NEW YORK, #2004-019-593, Claim No. 108273, Motion Nos. M-68765, M-69020


Synopsis


Claimant's motion to compel discovery is denied as moot; Claimant's motion to amend claim by lowering amount requested in ad damnum is granted.

Case Information

UID:
2004-019-593
Claimant(s):
ANTHONY YOUNGBLOOD
Claimant short name:
YOUNGBLOOD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108273
Motion number(s):
M-68765, M-69020
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ANTHONY YOUNGBLOOD, 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:
November 15, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is an adjourned return date on claimant's motion for an order compelling a response to his discovery demands (M-68765). Additionally, claimant has since filed another motion in which he seeks to lower the ad damnum from $500,000 to $20,000. (M-69020). The State of New York (hereinafter "State") has filed responding papers in connection with both motions.
  1. Claimant's motion to compel discovery (M-68765)
Claimant served a discovery demand on the State on or about March 2, 2004. After receiving no response from the State for nearly two months, claimant sent a letter to the State dated May 3, 2004 requesting a response. Still hearing nothing, claimant filed this instant motion which was made returnable August 11, 2004. Thereafter, the State requested and was granted a ninety-day adjournment to allow time to obtain the demanded documents. The motion date was adjourned until November 10, 2004. The State has now submitted an affirmation in which it simultaneously responds to claimant's initial discovery demand and requests this motion be denied as moot in light of those responses. In view of the State's responses to claimant's discovery demand, claimant's motion to compel discovery will be denied as moot.


  1. Motion to Amend Claim (M-69020)
Claimant also seeks to amend his claim to lower the ad damnum from $500,000 to $20,000. The State does not oppose this relief. As such, claimant's motion will be granted. This matter may proceed on the original version of the claim, with the ad damnum being deemed amended in accordance with this Decision & Order. There is no need for the parties to serve and file amended pleadings reflecting this change. The court will deem the filed claim so amended.


Accordingly, in view of the foregoing, it is ORDERED that Motion No. M-68765 is DENIED AS MOOT; and Motion No. M-69020 is GRANTED.


November 15, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims


The court has considered the following papers in connection with these motions:
  1. Claim, filed September 12, 2003.
  2. Demand for Discovery and/or Inspection, dated March 1, 2004, and filed March 5, 2004.
  3. Letter from Anthony Youngblood to James E. Shoemaker, AAG, dated May 3, 2004.
  4. Motion No. M-68765, dated June 30, 2004, and filed July 6, 2004.
  5. Affidavit of Anthony Youngblood, in support of Motion No. M-68765, sworn to June 30, 2004, with attachment.
  6. Affirmation of Joseph F. Romani, AAG, in reply to Motion No. M-68765, dated October 18, 2004, and filed October 20, 2004, with attached exhibit.
  7. Motion No. M-69020, dated August 25, 2004, and filed August 30, 2004.
  8. Affidavit of Anthony Youngblood, in support of Motion No. M-69020, sworn to August 25, 2004, with attachment.
  9. Affirmation of Joseph F. Romani, AAG, in support of Motion No. M-69020, dated October 18, 2004, and filed October 20, 2004.