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
, Ct Cl, March 14, 2005, Lebous, J., Claim No. 110054, Motion No.
M-69757 [UID No. 2005-019-518]).
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
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
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.
DECISION AND ORDER, Lebous, J., Claim No. 110054, Motion No. M-69757, filed
March 16, 2005.
Notice of Motion No. M-69757, dated February 9, 2005, and filed February 15,
Affidavit of Robert Cardew, in support of motion, sworn to February 9,
Memorandum of Law in support of motion, dated February 9, 2005.
Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated March 2,
2005, and filed March 4, 2005, with attached exhibit.
Affidavit of Robert Cardew, in support of motion, sworn to May 19, 2005, and
filed May 25, 2005.
Affirmation of Carol A. Cocchiola, AAG, in opposition to motion, dated May 31,
2005, and filed June 3, 2005.