New York State Court of Claims

New York State Court of Claims

BARNES v. THE STATE OF NEW YORK, #2007-015-255, Claim No. 113474, Motion No. M-73987


Synopsis


Claimant's motion to compel discovery was denied as it was not supported by any outstanding discovery demands and the Court file contained none.

Case Information

UID:
2007-015-255
Claimant(s):
ARRELLO BARNES
Claimant short name:
BARNES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113474
Motion number(s):
M-73987
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Arrello Barnes, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
December 11, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate proceeding pro se, moves to compel disclosure. This is a bailment claim for the value of certain items of personal property allegedly lost during the course of the claimant's transfer from Great Meadow Correctional Facility to Southport Correctional Facility.

CPLR 3124 permits a party to move to compel disclosure "[i]f a person fails to respond to or comply with any . . . notice. . . demand. . . under this article." Claimant has failed to support his motion to compel disclosure by reference to a duly served notice or demand (see, e.g., CPLR 3120). In addition, a review of the file maintained by the Court of Claims in this matter discloses no demands or notices for discovery. Rather, it appears that the claimant has previously served two documents denominated a "Motion To Compel" without a notice of motion or affidavit in support thereof[1]. A motion to compel disclosure is premature if a duly served notice or demand for disclosure has not been served.

Accordingly, the claimant's motion is denied.

December 11, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Motion to compel filed September 19, 2007.

[1]. The procedures prescribed in the Civil Practice Law and Rules (CPLR) for the bringing of motions in the Court of Claims are applicable (see 22 NYCRR § 206.8 [a]). CPLR Rule 2214(a) requires that a notice of motion specify "the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor."