New York State Court of Claims

New York State Court of Claims

NORRIS v. STATE OF NEW YORK, #2006-018-501, Claim No. 108465, Motion No. M-70740


Synopsis


Motion for Subpoena Duces Tecum is granted.

Case Information

UID:
2006-018-501
Claimant(s):
CLARA A. NORRIS
Claimant short name:
NORRIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108465
Motion number(s):
M-70740
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
DREIER LLPBy: Alicia Fabé, Esquire
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: Maureen A. MacPherson, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 17, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant brings a motion for a Subpoena Duces Tecum, pursuant to CPLR 2307, to

obtain the personnel file of a former employee of the Defendant at the State University Upstate Medical Center (hereinafter University Hospital). Claimant has attached a proposed subpoena to her motion papers. Defendant has no objection to the production of the personnel file, however, objects to the potential over-breadth of the subpoena language as drafted and submitted with Claimant's motion. Claimant agrees, in her reply papers, to limit the production, by subpoena, to the entire personnel file.

Based upon the foregoing, Claimant's motion is GRANTED. A signed Subpoena Duces Tecum for production of the entire personnel file for Kelvin Antonio Canon for the term of his employment with University Hospital shall be forwarded to both parties' counsel and a copy is attached hereto and made a part hereof as Exhibit A.

January 17, 2006
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:


Notice of Motion.......................................................................................................1


Affirmation of Alicia Fabé, Esquire, in support, with exhibit attached

thereto............................................................................................................2


Affirmation of Maureen A. MacPherson, Esquire, Assistant Attorney

General, in opposition...................................................................................3


Reply Affirmation of Alicia Fabé, Esquire, in support.............................................4