New York State Court of Claims

New York State Court of Claims

JOHNSON v. STATE OF NEW YORK, #2006-018-541, Claim No. 111987, Motion No. M-71922


Synopsis


Claimant’s motion to compel discovery is premature and is denied at this time.

Case Information

UID:
2006-018-541
Claimant(s):
DAYQUAN JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111987
Motion number(s):
M-71922
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
DAYQUAN JOHNSONPro Se
Defendant’s attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: TIMOTHY P. MULVEY, ESQUIREAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 4, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant brings a motion seeking an order compelling the Defendant to provide certain

documents. The claim filed February 16, 2006, alleges that the State lost three out of seven bags of Claimant’s property when he was transferred from Cape Vincent Correctional Facility Special Housing Unit to Upstate Correctional Facility on June 15, 2005. Claimant seeks $841.00 in damages for the lost property. Claimant, by this motion, asserts that the State has failed to provide: (1) Investigating report to the claim; (2) Correction Officer Bannister’s statement; and (3) all supporting papers relied upon in determining the above claim at Upstate Correctional Facility. No copy of Claimant’s notice for discovery and inspection was attached to the original motion that he filed with this Court. Apparently, no copy of the notice was attached to the copy of the motion Claimant served upon Defendant either. Defendant denies ever receiving any notice for discovery and inspection in this matter. Since Claimant is seeking to compel the Defendant to respond to discovery demands that he apparently never served upon Defendant, his motion is premature.

Claimant should set forth, in a written demand, what he wants Defendant to provide in relation to this claim. The demand should be filed with the Clerk of the Court in Albany and a copy of the demand should be sent to Timothy Mulvey, Esquire, the Assistant Attorney General assigned to this claim in Syracuse. If Defendant fails to timely respond after the demand is made, Claimant may renew his motion to compel disclosure.

Claimant’s motion is denied at this time.


December 4, 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:


Motion..................................................................................................................1


Affidavit of Dayquan Johnson sworn to on June 15, 2006, in support................2


Affirmation of Timothy P. Mulvey, Esquire, Assistant Attorney General,

in opposition, with exhibits attached thereto............................................3