New York State Court of Claims

New York State Court of Claims

HARRISON v. THE STATE OF NEW YORK, #2006-016-011, Claim No. 109913, Motion No. M-70942


Synopsis


Disclosure motion was denied.

Case Information

UID:
2006-016-011
Claimant(s):
JAMES HARRISON
Claimant short name:
HARRISON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109913
Motion number(s):
M-70942
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
James Harrison, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Mary B. Kavaney, Esq., AAG
Third-party defendant's attorney:

Signature date:
February 17, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, James Harrison, an inmate at Mid-Orange Correctional Facility, alleges that he received improper medical care at Mount Vernon Hospital. This is Mr. Harrison's motion to compel disclosure. Claimant objects to paying the $.25 per page sought by defendant for copying costs, on the ground that he was granted poor person status in an October 7, 2004 order (see exhibit A to claimant's reply papers). In fact, such order did not grant claimant poor person status, but rather dealt with his application for a reduction in filing fee, which was denied. Moreover, even had claimant been granted poor person status, such would not relieve him of his obligation to pay reasonable advance copying costs to defendant. See, e.g., Carlisle v State of New York, Ct Cl. November 1, 2003 (unreported, claim no. 107387, motion no. M-66736, Minarik, J., UID #2003-031-079;[1] DeLeon v State of New York, Ct Cl, November 16, 2005 (unreported, claim no. 110416, motion no. M-70290, Patti, J., UID #2005-013-043).

The remaining items at issue consist of claimant's medical records from two outside facilities, Mount Vernon Hospital and St. Anthony's Hospital; information about Mount Vernon's procedures and the treatment claimant received there; and a series of interrogatories to Dr. Robert W. Antonelle, who treated claimant at Mount Vernon. Defendant has responded that it does not possess any such records or information and that Dr. Antonelle is not it its employ. Accordingly, claimant should seek such information directly from the outside hospitals and the doctor.

In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-70942 be denied.


February 17, 2006
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]This and other decisions of the Court of Claims may be found on the court's website: www.nyscourtofclaims.state.ny.us.
  2. [2]The Court reviewed: claimant's notice of motion with affidavit in support and exhibits A through C; defendant's affirmation in opposition with exhibits 1 through 3; and claimant's letter reply dated November 29, 2005.