New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2005-019-594, Claim No. 109983, Motion No. M-70829


Synopsis


Claimant's motion for an order compelling disclosure is denied.


Case Information

UID:
2005-019-594
Claimant(s):
JOSE RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109983
Motion number(s):
M-70829
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
JOSE RIVERA, 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:
December 23, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant previously moved for an order compelling the defendant to provide additional responses to his discovery demands. By way of Decision and Order, this court directed the defendant State of New York (hereinafter "State") to submit to the court the documents at issue for an in camera inspection, namely a deprivation order dated August 31, 2004 and any related renewals, together with any memoranda associated therewith. (Rivera v State of New York, Ct Cl, November 14, 2005, Lebous, J., Claim No. 109983, Motion No. M-70829).


The State now advises the court that when it originally responded to claimant's discovery demand it believed that there were security concerns that prevented the disclosure of any memoranda associated with the deprivation order of August 31, 2004, but that the Department of Correctional Services has now clarified that no such memoranda exist. (Affirmation of Joseph F. Romani, AAG, dated December 16, 2005, ¶ 5). Moreover, in view of the absence of any security concerns, the State has provided to claimant the deprivation orders he requested dated August 31, 2004, September 6, 2004, September 12, 2004, and September 18, 2004, together with the comments and recommendations noted thereon by various staff members.



Accordingly, in view of the foregoing, it is ORDERED that claimant's motion, No. M-70829, is DENIED.




December 23, 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 October 20, 2004.
  2. DECISION AND ORDER, Lebous, J., Claim No. 109983, Motion No. M-70829, filed November 22, 2005.
  3. Affirmation of Joseph F. Romani, AAG, in response to court's Decision and Order, dated December 16, 2005, filed December 19, 2005.