New York State Court of Claims

New York State Court of Claims

RAMIREZ v. THE STATE OF NEW YORK, #2005-030-555, Claim No. 111052, Motion No. M-70559


Synopsis



Case Information

UID:
2005-030-555
Claimant(s):
CESAR A. RAMIREZ
Claimant short name:
RAMIREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111052
Motion number(s):
M-70559
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
CESAR A. RAMIREZ, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: JEANE L. STRICKLAND SMITH, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
November 3, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 6 were read and considered on Claimant's motion for leave to depose certain listed individuals by written interrogatories pursuant to Civil Practice Law and Rules §3106:
1,2 Notice of Motion; Affidavit in Support by Cesar A. Ramirez, Claimant, and attachments

  1. Affirmation by Jeane L. Strickland Smith, Assistant Attorney General and attachments
  1. Supplemental Affirmation by Jeane L. Strickland Smith, Assistant Attorney General and attachment
5,6 Filed papers: Claim, Answer

In connection with his lost property claim, Claimant asks that four (4) New York State Department of Correctional Services (DOCS) employees answer written interrogatories posed under Civil Practice Law and Rules §3106. The employees listed are Correction Officer C. Frazer, Correction Officer K. O'Connor, Sergeant Chamberlaine, and Inmate Records Coordinator, II Deborah Wolfe.

Defendant does not oppose Claimant's application for responses to his written interrogatories, and has appended copies of what responses have been made. Relative to the present motion, it appears that Inmate Records Coordinator, II Deborah Wolfe has responded [Exhibit 2, Affirmation by Assistant Attorney General]; and Correction Officer K. O'Connor has responded. [Attachment, Supplemental Affirmation by Assistant Attorney General]. With respect to Correction Officer Fraser, the Assistant Attorney General asks for additional time to respond because the officer is unavailable due to a work-related injury, but is expected to return to work within the next thirty days. There is no mention of Sergeant Chamberlaine.

In any event, the motion is granted on consent, and Defendant is directed to furnish responses to the remaining interrogatories, or an explanation why such responses are not forthcoming, within forty-five (45) days of the filing date herein.

November 3, 2005
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims