New York State Court of Claims

New York State Court of Claims

HOLMAN v. THE STATE OF NEW YORK, #2005-016-052, Claim No. 110534, Motion No. M-70334


Synopsis



Case Information

UID:
2005-016-052
Claimant(s):
DAVID HOLMAN
Claimant short name:
HOLMAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110534
Motion number(s):
M-70334
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
David Holman, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Joseph F. Romani, Esq., AAG
Third-party defendant's attorney:

Signature date:
August 2, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant David Holman's motion for an order permitting him to take examinations before trial using a tape recorder. In his underlying claim, Mr. Holman alleges that on December 7, 2003, he was burned while working in the kitchen at Sullivan Correctional Facility. CPLR 3113(a)(1) provides that depositions taken within the State of New York are to be held before a person authorized by the laws of the State to administer oaths. As claimant is not authorized to administer oaths, he is not permitted to take examinations before trial by tape recorder.

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-70334 be denied.


August 2, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




[1]The Court reviewed claimant's notice of motion and defendant's affirmation in opposition.