New York State Court of Claims

New York State Court of Claims

SMITH v. THE STATE OF NEW YORK, #2006-009-023, Claim No. 111613, Motion Nos. M-71243, M-71270


Synopsis


Claimant’s motion to compel the State to produce certain documents for discovery was denied, since the State is not required to provide claimant with copies free of charge. Claimant was granted an extension of time to serve and file his Bill of Particulars.

Case Information

UID:
2006-009-023
Claimant(s):
RICKY SMITH
1 1.The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Claimant short name:
SMITH
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111613
Motion number(s):
M-71243, M-71270
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
RICKY SMITH, Pro Se
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General
BY: Thomas M. Trace, Esq.,
Senior Attorney
Of Counsel.
Third-party defendant’s attorney:

Signature date:
April 20, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought a motion (M-71243) seeking an extension of time to serve and file his Bill of Particulars. He has also brought a motion (M-71270) seeking an order compelling the State to produce certain documents for discovery and inspection by claimant. For purposes of judicial economy, both of these motions will be considered herein.

The following papers were considered by the Court in connection with these motions:
Notice of Motion, Affidavit in Support (M-71243) 1,2


Notice of Motion, Affidavit in Support (M-71270) 3,4

“Response to Motion to Compel and For Time Extension”, with Exhibits (M-71270, M-71243) 5


Filed Papers: Claim, Answer

In his filed claim, claimant alleges that the State is responsible for the loss of certain items of his personal property in the total amount of $488.00. With its answer to this claim, defendant served a Demand for a Verified Bill of Particulars on or about December 19, 2005. In Motion No. M-71243, claimant has requested an extension of time to furnish his Bill of Particulars in response to this demand. In Motion No. M-71270, claimant seeks the production of certain documents from various correctional facilities, which he claims are needed by him in order to adequately respond to defendant’s Demand for a Verified Bill of Particulars. The requested documents pertain to commissary records of purchases made by claimant, inventories of incoming packages, and “Inmate Personal Property Inventory Sheets”, all of which are purportedly maintained at facilities where claimant had been incarcerated, including Attica Correctional Facility, Wyoming Correctional Facility, Hale Creek Alcohol and Substance Abuse Comprehensive Treatment Center, and Oneida Correctional Facility.

Defendant has refused to supply the requested documents, contending that claimant should either have these documents in his possession, or in the alternative can obtain copies of them by contacting the appropriate facility and paying the applicable fee for copying. In his Motion No. M-71270, claimant contends that he is unable to pay the costs for copying that may be imposed.

Initially, this Court notes that claimant has not been granted poor person status, and to the extent that the within motions seek such status, they do not comply with the requirements of CPLR § 1101(a). Furthermore, even with poor person status, such status does not relieve him of his obligation to pay reasonable copying costs (Gittens v State of New York, 175 AD2d 530; Civil Rights Law § 79[3] and § 79-a[3]). Accordingly, defendant is not required to provide claimant with photocopies of the requested documents free of charge.

The Court does note, however, that in his response to these motions (see Item 5), defendant’s attorney does not oppose claimant’s request for an extension of time to respond to the Demand for a Verified Bill of Particulars (M-71243).

Therefore, it is

ORDERED, that Motion No. M-71243 is hereby GRANTED, and claimant is hereby directed to serve and file his Verified Bill of Particulars by June 15, 2006; and it is further

ORDERED, that claimant’s motion to compel disclosure (Motion No. M-71270) is hereby DENIED.


April 20, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims