New York State Court of Claims

New York State Court of Claims

MURRAY v. THE STATE OF NEW YORK, #2007-015-205, Claim No. 110923, Motion No. M-73079


Inmate's motion for subpoenas was denied except to the extent of requiring correction officer to appear for trial without necessity of subpoena.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant’s attorney:
Joel Murray, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Michael W. Friedman, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 25, 2007
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


Claimant, an inmate proceeding pro se, moves for a subpoena duces tecum to compel the production of his medical records and for a subpoena to compel the appearance and testimony of Correction Officer Curtis F. Poirier at the trial of his claim[1]. Claimant seeks damages for injuries sustained as the result of the alleged medical malpractice/negligence of medical personnel employed by the Department of Correctional Services. Claimant alleges that on March 22, 2005 he experienced pain in his esophagus/stomach area while in the law library at Great Meadow Correctional Facility. He requested emergency sick call but when the correction officer at the law library telephoned the infirmary, the medical staff purportedly refused to see the claimant on an emergent basis. The claimant additionally alleges that he was denied medical care and treatment on numerous other occasions and that the defendant is liable for medical malpractice in failing to properly diagnose his condition.

By order of this Court dated June 7, 2006 the defendant was required to respond to the claimant's demand for the name, badge number and title of the correction officer on duty at the law library at Great Meadow Correctional Facility when his request for emergency sick call on March 22, 2005 was allegedly denied. Although the defendant's response has not been provided to the Court, apparently it was provided to the claimant as he now states in support of this motion that Correction Officer Curtis F. Poirier was the officer on duty in the law library at the time he was denied emergency medical treatment. Correction Officer Poirier's testimony at trial is relevant to the claim and the defendant is directed to make him available to testify at trial without the necessity for a subpoena.

It appears that the defendant has provided the claimant with medical records relevant to this claim in its response to discovery dated March 3, 2006. Accordingly, the issuance of a subpoena duces tecum is unnecessary.

With respect to the claimant's request for a subpoena for the production of his mental health records, claimant has failed to establish the relevance of these records or his inability to obtain the documents without the need for a subpoena (see Johnson v State of New York, Ct Cl, June 30, 2006 [Claim Nos. 106601, 106179, 107011, 107138, 106508, 106878, Motion Nos. M-71826, M-71857, M-71858, M-71859, M-71861, M-71862, UID # 2006-037-013], Moriarty, J.).[2] In this regard it is noted that the claim does not allege psychiatric malpractice nor emotional injuries as the result of the alleged medical malpractice.

This matter has been scheduled for trial on September 12, 2007 at 9:30 a.m. at Great Meadow Correctional Facility.

Accordingly, the claimant's motion is denied except to the extent of requiring the defendant to make Correction Officer Curtis F. Poirier available for trial without the necessity of a subpoena.

June 25, 2007
Saratoga Springs, New York

Judge of the Court of Claims

The Court considered the following papers:
  1. Notice of motion dated March 7, 2007;
  2. Affidavit of Joel Murray sworn to March 7, 2007;
  3. Affidavit of Michael W. Friedman sworn to March 27, 2007;
  4. Sur-reply in opposition to defendant's affidavit in opposition of Joel Murray dated March 29, 2007.

[1]. The trial of this claim was previously adjourned to permit this motion to be decided prior to trial.
  1. [2]Unreported decisions of the Court of Claims may be found on the Court's website at