New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2006-016-012, Claim No. 110838, Motion No. M-71016


Synopsis


Disclosure motion granted in part and denied in part.

Case Information

UID:
2006-016-012
Claimant(s):
ISAIAH BROWN
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110838
Motion number(s):
M-71016
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Isaiah Brown, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Joseph F. Romani, Esq., AAG
Third-party defendant's attorney:

Signature date:
February 21, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Isaiah Brown alleges that because of defendant's negligence, items of his personal property were lost or damaged when he was transferred from Woodbourne to Otisville Correctional Facility on March 1, 2005. This is Mr. Brown's motion to compel disclosure.

Claimant maintains that defendant's responses to the following are inadequate: items numbered 4, 8, 12 and 13 of his initial set of interrogatories; items numbered 1 and 2 of his initial document demand; items numbered 1 and 2 of his second set of interrogatories; and item number 1 of his second document demand.

Having reviewed such responses, I find that they are all adequate, except for defendant's response to item number 12 of the initial set of interrogatories, in which claimant asked defendant to "[s]tate every fact defendant relies on, or tends to rely on, to support its fourth affirmative defense." Defendant responded that it "objects thereto." A response to such interrogatory should be provided, and the court notes that defendant did provide responses when the same question was asked with regard to its other affirmative defenses.

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-71016 be denied except to the extent that within thirty (30) days of the filing of this Decision and Order, defendant shall provide to claimant a response to item number 12 of claimant's initial set of interrogatories.



February 21, 2006
New York, New York

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




  1. [1]The court reviewed: claimant's notice of motion with affidavit in support and exhibits A and B; defendant's affirmation in opposition with exhibits A through D; and claimant's reply affidavit.