New York State Court of Claims

New York State Court of Claims

BAKER v. THE STATE OF NEW YORK, #2005-028-514, Claim No. 103701, Motion No. M-69567


Synopsis


Claimant's motion to file medical records is denied.


Case Information

UID:
2005-028-514
Claimant(s):
LACY BAKER
Claimant short name:
BAKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103701
Motion number(s):
M-69567
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
LACY BAKER, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Kevan J. Acton, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 18, 2005
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Claimant's motion to file medical records:

Notice of Motion and Supporting Affidavit of Lacy Baker (Baker Affidavit) filed December 27, 2004;


Affirmation in Opposition of AAG Kevan J. Acton (Acton Opposition) filed

January 27, 2005;

Pursuant to CPLR 3101 (a) and (h), Claimant has moved for permission to file medical records with the Court- apparently as part of his continuing obligation to supplement his responses to Defendant's demands. Defendant has opposed the application pointing out that the Defendant has not demanded any disclosure from Claimant (Acton Opposition ¶ 4).

The Court finds no support for the relief sought by Claimant - relief which, if granted would place the Court in the role of record keeper for the Claimant. As the documents are not responsive to any demand; do not relate to a pending application, nor are they provided in response to a subpoena in advance of trial, the application is denied. As Defendant correctly points out, Claimant will have the opportunity to introduce these records as evidence when this Claim is tried.

Accordingly, Claimant's motion is denied in its entirety.

The parties are directed to appear for a pre-trial conference on March 22, 2005 at 11:30 a.m. to be held in the Court of Claims, Courtroom 4, Justice Building, Empire State Plaza, Albany, New York.


February 18, 2005
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims