New York State Court of Claims

New York State Court of Claims

McGRIFF v. THE STATE OF NE W YORK, #2004-034-609, Claim No. 108461, Motion No. M-68772


Synopsis


Claimant's motion seeking to schedule a settlement conference is denied. Court instructed Claimant to contact Defendant directly with a formal written demand as had previously been advised.

Case Information

UID:
2004-034-609
Claimant(s):
LORENZO McGRIFF
Claimant short name:
McGRIFF
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108461
Motion number(s):
M-68772
Cross-motion number(s):

Judge:
MICHAEL E. HUDSON
Claimant's attorney:
LORENZO McGRIFF, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: REYNOLDS E. HAHN, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 23, 2004
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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 motion:

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 motion;

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. 2004-034-554).[1] 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.

November 23, 2004
Buffalo, New York

HON. MICHAEL E. HUDSON
Judge of the Court of Claims




[1] Unpublished decision and orders are available on the Court of Claims website at www.courtofclaims.state.ny.us