New York State Court of Claims

New York State Court of Claims

ABRUZZESE v. THE STATE OF NEW YORK, #2004-031-087, Claim No. 102725, Motion No. M-68529


Synopsis


Claimant's motion for a body order and subpoena directing the production of Claimant at trial is granted

Case Information

UID:
2004-031-087
Claimant(s):
BRUCE ABRUZZESE
Claimant short name:
ABRUZZESE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102725
Motion number(s):
M-68529
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
DOMINIC PELLEGRINO, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: THOMAS G. RAMSAY, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 25, 2004
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers, numbered 1 to 3, were read on motion by Claimant for an order compelling the production of Claimant for the trial of this claim:
  1. Notice of Motion, filed May 27, 2004;
2) Affidavit of Dominic Pellegrino, Esq., sworn to May 24, 2004, with attached exhibit;
3) June 15, 2004 correspondence of Thomas G. Ramsay, Esq. With this motion, Claimant Bruce Abruzzese seeks a body order and subpoena directing that he be produced for the trial of this matter, which is scheduled for October 14 and 15, 2004. Claimant is currently in the care and custody of the New York City Department of Correctional Services. Claimant has demonstrated service of his motion papers upon Defendant, the Commissioner of the New York City Department of Corrections and the Warden of the facility where he is currently being held.

Defendant has indicated that it takes no position with regard to Claimant's motion, and the New York City Department of Corrections has not opposed the motion.

Based upon the record before me, it is hereby

ORDERED, that Claimant's motion should be granted. Claimant is directed to submit to the Court an original body order and subpoena identical to the proposed body order and subpoena submitted with his motion papers.

June 25, 2004
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims