New York State Court of Claims

New York State Court of Claims

CASEY v. THE STATE OF NEW YORK, #2006-032-001, Claim No. 106822, Motion No. M-69887


Synopsis



Case Information

UID:
2006-032-001
Claimant(s):
ERIC CASEY
Claimant short name:
CASEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106822
Motion number(s):
M-69887
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Eric Casey, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Paul F. Cagino, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
January 9, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate presently incarcerated at Attica Correctional Facility, moves this Court for an order granting production of his mental health records in connection with his claim.

Although unopposed, claimant's motion must be denied.


Claimant served defendant a discovery and inspection request in February 2005, requesting his records. Claimant must, however, request to review his mental health records through the facility where he is housed pursuant to the procedure outlined in Mental Hygiene Law § 33.16 (b) (1), and he must request a copy of his records through section 33.16 (b) (5) (see, e.g. Matter of Diaz v New York State Office of Mental Health, 232 AD2d 895 [3d Dept 1996]). Having failed to do so, claimant is not entitled to judicial relief.

Accordingly, motion M-69887 is denied.



January 9, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion filed March 18, 2005;

2. "Affidavit" of Eric Casey dated March 14, 2005.