New York State Court of Claims

New York State Court of Claims

CAMPBELL v. THE STATE OF NEW YORK, #2004-031-032, Claim No. 106971, Motion No. M-67770


Synopsis


Case Information

UID:
2004-031-032
Claimant(s):
LARRY CAMPBELL
Claimant short name:
CAMPBELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106971
Motion number(s):
M-67770
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
LARRY CAMPBELL, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: HEATHER R. RUBINSTEIN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 5, 2004
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on motion by Defendant for an order compelling disclosure from Claimant pursuant to CPLR 3124:
1. Defendant's Notice of Motion, filed December 10, 2003;
  1. Affirmation of Heather R. Rubinstein, Esq., dated December 8, 2003, with attached exhibits.
3. Filed Documents: Claim and Verified Answer. This is Defendant's motion to compel Claimant to respond to certain outstanding discovery demands. These demands were served on December 31, 2002, and included a demand for a verified bill of particulars, and a demand for expert witness information.

Defendant has established due service of the demands upon Claimant, as well as compliance with Section 206.8(b) of the Uniform Rules for the Court of Claims.

The Claimant has not submitted any papers in opposition to this motion. Based upon the papers submitted with this motion, it is

ORDERED, that Motion No. M-67770 is GRANTED; and it is further

ORDERED, that Claimant is hereby compelled and directed to respond fully to and answer each of Defendant's outstanding discovery demands on or before June 30, 2004; and it is further

ORDERED, that Claimant is hereby precluded from offering any evidence or testimony which relates to the items demanded, unless, on or before June 30, 2004, Claimant responds to each of the outstanding discovery requests.


May 5, 2004
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims