New York State Court of Claims

New York State Court of Claims

HAYES v. THE STATE OF NEW YORK, #2006-033-175, Claim No. 109900, Motion No. M-70570


Synopsis



Case Information

UID:
2006-033-175
Claimant(s):
SIDNEY HAYES
Claimant short name:
HAYES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109900
Motion number(s):
M-70570
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Sidney Hayes, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Belinda A. Wagner, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 15, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim is brought by Sidney Hayes (hereinafter "claimant") for alleged negligence in ordering him to leave his dormitory when he had medical restrictions. Claimant is currently incarcerated in Great Meadow Correctional Facility, Comstock, New York.


Claimant asks that the Court compel defendant to engage in discovery and to impose sanctions upon defendant for its delay in providing claimant with discovery[1].

An examination of defendant’s opposition and claimant’s reply indicate that defendant has now fully complied with claimant’s request except for a logbook for the RSAT dormitory. Defendant indicates that it will serve the logbook as soon as possible.

Based upon the foregoing, to the extent claimant’s notice for discovery and inspection has not been responded to, claimant’s motion to compel discovery is granted. Defendant shall furnish a copy of the RSAT logbook within forty-five (45) days of the filing of this Decision and Order.



March 15, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Notice of Motion to Compel Discovery and Inspection dated June 29, 2005 and filed July 12, 2005; Affidavit in Support of Motion to Compel Discovery and Inspection of Sidney Hayes with annexed Exhibit sworn to July 8, 2005 and filed July 12, 2005; Affirmation in Opposition to Motion to Compel of Belinda A. Wagner, Esq. with annexed Exhibits A-F dated December 19, 2005 and filed December 21, 2005; Claimant’s Reply to Defendant’s Affirmation in Opposition to Motion to Compel of Sidney Hayes sworn to December 29, 2005 and filed January 3, 2006.