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
, Ct Cl. November 1, 2003 (unreported, claim no. 107387, motion no.
M-66736, Minarik, J., UID #2003-031-079;
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
, IT IS ORDERED that motion no.
M-70942 be denied.