New York State Court of Claims

New York State Court of Claims

REID v. THE STATE OF NEW YORK, #2005-019-565, Claim No. 110176, Motion No. M-70530


Synopsis


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

Case Information

UID:
2005-019-565
Claimant(s):
CEDRIC REID
Claimant short name:
REID
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110176
Motion number(s):
M-70530
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
CEDRIC REID, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
September 7, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for an order compelling disclosure pursuant to CPLR 3124. The State of New York (hereinafter "State") opposes the motion.

This claim alleges a bailment cause of action which accrued at Elmira Correctional Facility on or about July 25, 2004. By way of this motion, claimant alleges that the State has failed to respond to his prior discovery demands dated April 21, 2005 and June 6, 2005. In response, the State concedes a delay in responding thereto, but indicates that it has mailed discovery responses to claimant on August 23, 2005 while also responding to this motion. The State also denies claimant made any good faith effort to resolve this issue prior to seeking court intervention.


The court finds no prejudice to claimant resulting from the State's delay in responding to his discovery demands since this matter is not yet scheduled for trial. In view of the foregoing, claimant's motion to compel discovery will be denied as moot.


In view of the foregoing, it is ORDERED, that claimant's motion, Motion No. M-70530, is DENIED AS MOOT.

September 7, 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. Claim, filed December 3, 2004.
  2. Notice of Motion No. M-70530, dated July 20, 2005, and filed July 27, 2005.
  3. "Affidavit in Support of Good Faith Effort At Resolving Issue" of Cedric Reid, sworn to July 20, 2005, with attachments.
  4. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated August 23, 2005, and filed August 26, 2005, with attached exhibit.