Claimant has filed this motion seeking an order to schedule a settlement
conference. The Court will deny the relief requested.
The Court has considered the following papers in connection with this
1. Claim, verified October 11, 2003, filed October 28, 2003;
2. Answer, verified December 2, 2003, filed December 4, 2003;
3. Notice of Motion, dated July 6, 2004, filed July 9, 2004, with attachment;
4. Affidavit in Support of Lorenzo McGriff, sworn to July 6, 2004;
5. Letter of Reynolds E. Hahn dated July 9, 2004, in response to Claimant's
6. Letter of the Honorable Michael E. Hudson, dated July 14, 2004;
7. Letter of the Honorable Michael E. Hudson, dated August 6, 2004;
8. Letter of Reynolds E. Hahn, dated August 16, 2004.
Claimant has sought to recover for physical and emotional injuries allegedly
suffered in an assault by a correction officer at Wyoming Correctional Facility
on April 25, 2003. He also contends that Defendant had negligently violated his
rights under the New York State Constitution. Claimant previously filed a
motion to compel discovery, resolved by Decision and Order dated July 9, 2004
(Motion No. M-68053, Hudson, J. [UID No.
While that motion was pending
Mr. McGriff filed the instant motion seeking an order for a preliminary
conference to discuss settlement of the claim, or resolve discovery issues.
Defendant responded by letter dated July 9, 2004 stating the procedures under
which the State could consider a settlement demand. The Court, by letter dated
July 14, 2004, reiterated those procedures and cautioned that negotiations
should be conducted directly between the parties. Therefore, the request for an
order directing a settlement conference is denied.
To the extent Claimant seeks direction regarding issues of discovery, that
request is likewise denied. Mr. McGriff has already served discovery demands,
and filed a motion to resolve areas of disagreement between the parties. Absent
some further specification of a dispute in the conduct of disclosure, the Court
will decline to intervene.
Based upon the above, it is
ORDERED, that Claimant's motion is denied.