New York State Court of Claims

New York State Court of Claims

SIMS v. THE STATE OF NEW YORK, #2005-019-502, Claim No. 100507, Motion No. M-69101


Synopsis


Claimant's motion to compel discovery is denied as moot.

Case Information

UID:
2005-019-502
Claimant(s):
ROBERT SIMS
Claimant short name:
SIMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100507
Motion number(s):
M-69101
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ROBERT SIMS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Carol A. Cocchiola, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
January 20, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is an adjourned return date on claimant's motion for an order striking the defendant's Verified Answer due to its failure to respond to his discovery demand entitled "Claimant First Set of Interrogatories and Requests for Production of Documents."

This is a bailment claim arising from claimant's allegations that the New York State Department of Correctional Services lost some of his personal property while he was incarcerated at Elmira Correctional Facility on August 10, 1998. In response to claimant's original motion, the defendant State of New York ("State") conceded that there had been an unusual delay in responding to claimant's requests due to an oversight in counsel's office. At the time of the State's response to the original motion it served partial responses to claimant's discovery demands and requested an additional 60 days in order to obtain the additional documents requested. The court noted that claimant waited several years before bringing the instant motion. (Sims v State of New York, Ct Cl, October 12, 2004, Lebous, J., Claim No. 100507, Motion No. M-69101 [UID No. 2004-019-585]).[1] As such, this court granted the State's request for an adjournment until December 15, 2004 in order to allow the State time to obtain the remaining documents. As part of said Decision & Order, the parties were instructed to keep the court advised, in writing, as to the progress of discovery and/or make whatever supplemental submissions, if any, they deemed necessary in order to address any discovery issues remaining after the State's responses thereto. The State has advised the court that it has now served claimant with supplemental responses dated December 13 and 14, 2004 containing the remaining documents. (Letter from Carol A. Cocchiola, AAG dated December 14, 2004). The court has not received any papers from or on behalf of claimant on this adjourned date. Consequently, it appears that the State has responded to claimant's prior discovery demands and, as such, claimant's initial motion to compel a response thereto will be denied as moot.


Accordingly, in view of the foregoing, it is ORDERED that Motion No. M-69101 is DENIED AS MOOT in accordance with the foregoing.


January 20, 2005
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims


The court has considered the following papers in connection with this motion:
  1. DECISION AND ORDER, Lebous, J., filed October 15, 2004.
  2. Notice of Motion, No. M-69101, dated September 10, 2004, and filed September 16, 2004.
  3. Affidavit of Robert Sims, in support of motion, sworn to September 10, 2004, with attached exhibit.
  4. Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated October 4, 2004, and filed October 6, 2004.
  5. Letter from Carol A. Cocchiola, AAG to Court, dated and received December 14, 2004.

[1]Selected unreported decisions from the Court of Claims are available via the Internet at