New York State Court of Claims

New York State Court of Claims

RAMIREZ v. THE STATE OF NEW YORK, #2006-032-049, Claim No. 105701, Motion No. M-71478


Synopsis



Case Information

UID:
2006-032-049
Claimant(s):
CARLOS RAMIREZ
Claimant short name:
RAMIREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105701
Motion number(s):
M-71478
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Carlos Ramirez, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Kevan J. Acton, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
June 13, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant filed a document entitled "Motion for leave to file a Court Ordered Service" (sic) and "Subpoena In A Civil Case" that, in essence, seek that the Court subpoena four witnesses for trial, three named and one unnamed. In opposing this relief, defendant argues that claimant has failed to establish what the proposed testimony would encompass and, therefore, the necessity for the subpoenas. The Court agrees.

Claimant's application seeks the testimony of a nurse he refers to only as Abby, an unnamed nurse, former Superintendent Daniel Senkowski and a psychiatrist referred to as Ms. Melendez. As an inmate proceeding pro se, claimant is not a person authorized to issue subpoenas and, as such, must seek a court order allowing the issuance of a subpoena (CPLR 2302). Accordingly, it is claimant's burden here to establish how each of the proposed witnesses is material and necessary to the prosecution of his claim. The Court has reviewed claimant's submissions and, aside from being in improper form, the Court cannot ascertain why claimant is seeking the witnesses. As such, claimant's request for trial subpoenas is denied.[1]

Accordingly, claimant's motion M-71478 is denied.



June 13, 2006
Albany, New York

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


Papers Considered:


1. "Motion for leave to file a Court Ordered Service";

2. "Subpoena In A Civil Case";

3. Affirmation of Kevan J. Acton filed April 6, 2006.




[1].The Court notes that claimant has sent a number of ex parte letters, including a request for depositions. The Court advises claimant that all communications to the Court must be on notice to defendant and any requests for relief must be made by motion on notice pursuant to CPLR 2214.