New York State Court of Claims

New York State Court of Claims

ORTIZ v. THE STATE OF NEW YORK, #2007-009-011, Claim No. 106855, Motion No. M-73025


Synopsis


Claimant’s request seeking limited document discovery subsequent to service and filing of the note of issue was granted.

Case Information

UID:
2007-009-011
Claimant(s):
KATHERINE V. ORTIZ, Individually, as Guardian of Nateonna Juanita Roland, and as Administratrix of the Estate of Nathaniel S. Roland, Deceased
Claimant short name:
ORTIZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106855
Motion number(s):
M-73025
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
ALTREUTER BERLIN
BY: Mary Penn, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Joseph F. Romani, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
May 7, 2007
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has brought this motion seeking an order authorizing limited document discovery subsequent to the service and filing of the note of issue and certificate of readiness in this claim.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Supporting Affirmation, with Exhibits (including affidavit of E. Eugene Miller as Exhibit G) 1,2


Affirmation of Joseph F. Romani, Esq., Assistant Attorney General, with Exhibit 3

In this claim, claimant’s decedent suffered personal injuries resulting in his death when he was attacked by unknown assailants at Elmira Correctional Facility, where he was then incarcerated. Subsequent to the filing of the Note of Issue and Certificate of Readiness, claimant retained an expert in the area of corrections, E. Eugene Miller, who is expected to testify on claimant’s behalf at the trial of this claim. Mr. Miller has requested the opportunity to review the correctional facility’s policies and procedures with regard to contraband control and searches prior to his testimony.

Defendant’s counsel has advised the Court that he has no objections to such review, except for the fact that these policies and procedures are considered confidential and have been designated as “A” directives, since they implicate the safety and security of Elmira Correctional Facility. Defendant’s counsel is therefore willing to provide the requested disclosure, conditioned upon the execution of a stipulation by counsel that will preserve the confidentiality of these documents. Defendant’s counsel has submitted such a proposed “Confidentiality Stipulation” with his response papers (see Exhibit A to Item 3).

Since the trial of this claim has not yet been scheduled, and therefore will not be delayed by the additional discovery sought herein, and since defendant’s counsel has voiced no objections to the requested relief, the Court hereby finds that such limited document discovery is appropriate and should be permitted.

Accordingly, it is

ORDERED, that Motion No. M-73025 is hereby GRANTED; and it is further

ORDERED, that upon execution of a “confidentiality stipulation” between counsel for the parties, defendant’s counsel will provide to claimant’s counsel copies of the requested documents (Elmira Correctional Facility Policy and Procedure #8.16 and #8.46, along with Directive #4910).


May 7, 2007
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims