New York State Court of Claims

New York State Court of Claims

V. THE STATE OF NEW YORK, #2005-010-054, Claim No. 109009, Motion No. M-70849


Synopsis


Claimant's motion to compel discovery is denied.

Case Information

UID:
2005-010-054
Claimant(s):
ANTONIO SACCO
Claimant short name:

Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109009
Motion number(s):
M-70849
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ANTONIO SACCOPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 9, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion to compel discovery:
Claimant's Affidavit and Exhibits............................................................................1

Defendant's Letter Dated October 31, 2005..............................................................2

Claimant seeks an order directing defendant to turn over for discovery and inspection "all investigative reports, dispositions, and tier hearing tapes, copy of logbook of incident and evidence receipts of the stolen items confiscated from both inmates" (Claimant's Affidavit, ¶ 12). Claimant maintains that his property was stolen by two other inmates and retained as evidence in the disciplinary hearings of those inmates. Claimant further contends that, after the disposition of those hearings, defendant failed to return his property.

Defendant opposes the motion on the ground it was not served with a copy of claimant's motion papers.

Accordingly, claimant's motion is DENIED.[1]


November 9, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1] In any event, claimant would not be entitled to discovery of anything which would be privileged or confidential regarding another inmate's disciplinary hearing.