New York State Court of Claims

New York State Court of Claims

SHEILS v. THE STATE OF NEW YORK, #2006-032-016, Claim No. 109882, Motion Nos. M-70451, M-70826


Synopsis



Case Information

UID:
2006-032-016
Claimant(s):
KEVIN SHEILS
Claimant short name:
SHEILS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109882
Motion number(s):
M-70451, M-70826
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Kevin Sheils, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Belinda A. Wagner, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
March 3, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves this Court by separate motions to compel disclosure and defendant opposes this relief. In September 2004, claimant filed this medical malpractice action alleging that medical personnel at Upstate Correctional Facility and Clinton Correctional Facility failed to provide proper treatment and post-operative care for both his arms. Claimant then brought motion M-70451, without supporting documents, "to compel disclosure" and motion M-70826, which the Court interprets as a discovery demand.


With respect to motion M-70451, the Court dismisses this motion as claimant fails to support his request for relief with a supporting affidavit or other documentary submissions (CPLR 2214). The remaining motion, M-70826, is styled more as a request for disclosure, not a request for relief. Discovery is a process that is generally conducted between the litigants. The Court's intervention in this process is warranted only after attempts between the parties to resolve an issue have failed. At that juncture, claimant may move the Court to compel responses by serving a notice of motion and supporting documentation, including a supporting affidavit (CPLR 2214).

Accordingly, claimant's motions are denied.



March 3, 2006
Albany, New York

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


Papers Considered:


1. Notice of Motion filed July 1, 2005;

2. Notice of Motion filed October 18, 2005; unnumbered papers annexed;

3. Affirmation of Belinda A. Wagner filed November 30, 2005; Exhibits A-D annexed.