New York State Court of Claims

New York State Court of Claims

CARDEW v. THE STATE OF NEW YORK, #2005-019-536, Claim No. 110054, Motion No. M-69757


Synopsis


Claimant's motion for an order compelling the State to respond to discovery and/or strike the State's answer and/or affirmative defenses is adjourned for a second time to allow State time to obtain documents.

Case Information

UID:
2005-019-536
Claimant(s):
ROBERT CARDEW
Claimant short name:
CARDEW
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110054
Motion number(s):
M-69757
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ROBERT CARDEW, 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:
June 8, 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 compelling a response to his discovery demands. The State of New York (hereinafter "State") requests an additional adjournment of this motion.

Claimant, an inmate appearing pro se, has moved for an order compelling the defendant to answer his discovery demands and/or striking the defendant's answer and/or affirmative defenses for its failure to provide said discovery responses. By way of a prior Decision and Order, this court granted the State's request for a 60-day adjournment (until June 1, 2005) of said motion in order to allow the State to respond to claimant's discovery demands. (Cardew v State of New York, Ct Cl, March 14, 2005, Lebous, J., Claim No. 110054, Motion No. M-69757 [UID No. 2005-019-518]).[1] As part of said Decision and Order, the parties were instructed to advise the court, in writing, prior to June 1, 2005 as to the progress of discovery and/or make whatever supplemental submissions, if any, to the court they deemed necessary in order to address any discovery issues remaining on the adjourned return date.


For this adjourned motion date, the court has received from claimant an affidavit requesting that his motion now be granted due to the State's alleged continuing failure to respond to his demands. The State submits an affirmation in opposition requesting an additional adjournment in order to work with the Department of Correctional Services' staff in Albany and Elmira to obtain the necessary documentation. The State quite frankly indicates that it originally underestimated the amount of time that it would take to gather this information.


The court notes that this claim is one of three separate claims currently pending by this claimant, all of which claimant has made various discovery requests. Additionally, this claim is not yet scheduled for trial and, as such, the court finds no prejudice will result to claimant by the granting of an additional adjournment.


As such, the court will adjourn this motion until September 7, 2005 which should provide the parties ample time to resolve this matter. Both parties are directed to advise the court in writing before September 7, 2005 as to the progress of discovery and/or make whatever supplemental submissions, if any, to the court by that date that they deem necessary in order to address discovery issues that remain.


Accordingly, in view of the foregoing, it is ORDERED that Motion No. M-69757 is adjourned until September 7, 2005 in accordance with the foregoing.


June 8, 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., Claim No. 110054, Motion No. M-69757, filed March 16, 2005.
  2. Notice of Motion No. M-69757, dated February 9, 2005, and filed February 15, 2005.
  3. Affidavit of Robert Cardew, in support of motion, sworn to February 9, 2005.
  4. Memorandum of Law in support of motion, dated February 9, 2005.
  5. Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated March 2, 2005, and filed March 4, 2005, with attached exhibit.
  6. Affidavit of Robert Cardew, in support of motion, sworn to May 19, 2005, and filed May 25, 2005.
  7. Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated May 31, 2005, and filed June 3, 2005.


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